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

of October 6, 2026 No. 7

About modification of the order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May 3, 2022 No. 13 "About approval of the Method of carrying out the analysis of competitive situation in the goods markets"

I ORDER:

1. Bring in the order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May 3, 2022 No. 13 "About approval of the Method of carrying out the analysis of competitive situation in the goods markets" (it is registered in the Register of state registration of regulatory legal acts for No. 27883) the following change:

To be reworded as follows the method of carrying out the analysis of competitive situation in the goods markets approved by the specified order according to appendix to this order.

2. To provide to department of legal regulation of the competition of the Agency on protection and development of the competition of the Republic of Kazakhstan in the procedure established by the legislation:

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 on protection and development of the competition of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the chief of staff of the Agency on protection and development of the competition of the Republic of Kazakhstan.

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

Appendix

to the Order of the Agency on protection and development of the competition of the Republic of Kazakhstan of October 6, 2026 No. 7

Approved by the order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May 3, 2022 No. 13

Method of carrying out the analysis of competitive situation in the goods markets

Chapter 1. General provisions

1. The method of carrying out the analysis of competitive situation in the goods markets (further - the Technique) is applied to carrying out the analysis of competitive situation in the goods markets in the cases provided by the Entrepreneurial code of the Republic of Kazakhstan (further - the Code).

2. In the Technique the concepts determined by the Code are used.

3. The analysis of competitive situation is carried out on planned and unplanned bases.

The analysis which is carried out according to the work plan approved by the order of the head of antimonopoly authority for the corresponding calendar year is planned.

Selection of the goods markets for carrying out planned analyses of competitive situation is performed based on the criteria provided by appendix to this Technique.

The list of planned analyses of the goods markets is placed on Internet resource of antimonopoly authority within ten working days from the date of approval of the plan.

Start date of the planned analysis is established in the plan approved by the order of the head of antimonopoly authority.

The analysis which is carried out at the request of the head of antimonopoly authority, his deputies or heads of territorial subdivisions, drawn up in written or electronic form is unplanned.

Date of the corresponding order is considered start date of the unplanned analysis.

4. The term of carrying out the planned analysis of competitive situation in the goods markets constitutes no more than twelve months, and the unplanned analysis no more than six months if other term (less than six months) is not specified in the order of antimonopoly authority (for territorial subdivisions).

If necessary single prolongation of term of carrying out the analysis of competitive situation in the goods markets no more than for three months is allowed by the motivated decision of the head of antimonopoly authority or its territorial subdivision. The motivated decision is made before the expiration of carrying out the analysis with indication of the actual circumstances which caused need of prolongation, and new date of completion of the analysis.

5. The analysis of competitive situation in the goods markets includes the following stages:

1) determination of criteria of interchangeability of goods;

2) delimitation of the goods market;

3) determination of time frame of research of the goods market;

4) determination of list of the subjects of the market acting in the goods market;

5) calculation of amount of the goods market and share of subjects of the market;

6) assessment of condition of competitive environment in the goods market;

7) determination of the circumstances or signs testimonial of availability of obstacles, difficulties or other restrictions of activities of the subjects of the market influencing competition development, including determination of barriers of entrance on the goods market;

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