ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of June 24, 2024 No. 4

About approval of Rules of carrying out the analysis and monitoring of activities of conglomerates

According to the subitem 12) Article 90-6 and Item 3 of article 172-1 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out the analysis and monitoring of activities of conglomerates.

2. In the procedure established by the legislation to provide to strategic development department of the competition of the Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Agency):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency after its official publication.

3. To impose control of execution of this order on the First Deputy Chairman of the Agency.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the order of the Agency on protection and development of the competition of the Republic of Kazakhstan of June 24, 2024 No. 4

Rules of carrying out analysis and monitoring of activities of conglomerates

Chapter 1. General provisions

1. These rules of carrying out the analysis and monitoring of activities of conglomerates (further - Rules) are developed according to the subitem 12) of Article 90-6 and Item 3 of article 172-1 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and determine procedure for carrying out by antimonopoly authority of the analysis and monitoring of activities of conglomerates.

2. In these rules the following basic concepts are used:

1) conglomerate - the subject of the market (group of persons) borrowing (occupying) the dominating or monopoly position on corresponding and adjacent commodity the markets except for bank holdings, banks and their affiliated organizations, and also the single purchaser of electrical energy and settlement center of the balancing market;

The analysis of activities of conglomerates - set died 2) to studying and use of data and information on activities of conglomerates regarding determination of level of the competition, identification of the subject of the market (group of persons) borrowing (occupying) the dominating or monopoly position, the developments of package of measures directed to protection and development of the competition, the prevention, restriction and suppression of monopolistic activities;

3) monitoring of activities of conglomerates - set of measures for collection, processing, studying and use of data and information on activities of conglomerates regarding identification and suppression of the violations connected with abuse of the dominating or monopoly position, except for violations stipulated by the legislation the Republic of Kazakhstan about natural monopolies and the controlled markets;

4) goods - the goods, work, service which are object of civil circulation.

Other concepts and terms used in Rules are determined by the Code.

3. The antimonopoly authority keeps the state register of conglomerates and places it on official Internet resource.

4. Monitoring is carried out according to the scheduled plans which are annually approved by the order of the head of antimonopoly authority in form according to appendix to these rules.

5. The annual schedule is published on official Internet resource of antimonopoly authority no later than December 20 of the current year.

Chapter 2. Procedure for carrying out analysis and monitoring of activities of conglomerates

6. The conglomerate is established on competitive situation analysis results where the dominating or monopoly position of the subject of the market (group of persons) in the corresponding and adjacent goods markets, except for bank holdings, banks and their affiliated organizations, and also the single purchaser of electrical energy and settlement center of the balancing market is determined.

For the purposes of monitoring of activities of conglomerates analysis results within the last five years are applied.

7. The analysis of activities of conglomerates includes the following stages:

1) studying of data on production volumes and realization, about selling prices and level of profitability of the goods sold in the goods markets in which provision of conglomerates acknowledged dominating or exclusive;

2) determination of the subjects of the market (group of persons) which are part of conglomerate according to articles 172 and 172-1 of the Code.

8. Carrying out monitoring of activities of conglomerates includes the following stages:

1) data collection and processing.

As sources of information data of conglomerates, authorized state bodies, the state information systems and other open sources are used;

2) studying of the acquired information regarding observance by conglomerate of requirements of the legislation of the Republic of Kazakhstan in the field of protection of the competition.

9. Anti-monopoly the body performs information collection by the direction of the corresponding requests to conglomerates, authorized state bodies, and also by use of information from open sources.

For carrying out the analysis and monitoring of activities of conglomerates the antimonopoly authority requests the following information:

1) about production volumes and realization, selling prices and level of profitability of the goods sold in the goods markets in which provision of conglomerates acknowledged dominating or exclusive;

2) about acquisition, sale or transfer to trust management of voting shares (shares in the authorized capital, shares) the subject of the market.

10. The antimonopoly authority carries out studying of the acquired information and in a month prepares analytical note about activities of conglomerate.

Chapter 3. Final provisions

11. In case of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition the antimonopoly authority takes measures of anti-monopoly reaction according to Chapter 20 of the Code.

Appendix

to Rules of carrying out the analysis and monitoring of activities of conglomerates

Form

The schedule according to the analysis and monitoring of activities of conglomerates

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