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THE JOINT ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATION OF THE REPUBLIC OF KAZAKHSTAN, THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON PROTECTION OF THE COMPETITION (THE ANTI-MONOPOLY AGENCY)

of July 22, 2008 No. 357, on July 21, 2008 No. 174-OD

About approval of the Order of interaction concerning competition policy taking into account monitoring of the commodity, including financial markets, for the purpose of support of fair competition

(as of July 20, 2009)

According to Item 1 of article 4 of the Law of the Republic of Kazakhstan "About ministerial procedures" and for the purpose of realization by the competitor of policy, support of fair competition and control of observance of the antitrust law, state bodies and subjects of the market and execution of Item 6 of the Actions plan on program implementation of the development and protection of the competition in the Republic of Kazakhstan for 2007-2009 approved by the order of the Government of the Republic of Kazakhstan of December 29, 2006 No. 1308 "About approval of the Development program and protection of the competition in the Republic of Kazakhstan for 2007-2009", item 4 of the minutes of the Security Council of the Republic of Kazakhstan of May 20, 2005 No. 3 "About execution of control and supervising functions by state bodies in the field of economic activity", PRIKAZYVAYEM:

1. Approve the enclosed Order of interaction concerning competition policy taking into account monitoring of the commodity, including financial markets, for the purpose of support of fair competition.

2. To the state bodies specified in Item 1 of this order to bring the order to the attention of the territorial authorities and departments.

3. To impose control of execution of this order on the supervising vice-chairmen of the Agency of the Republic of Kazakhstan on protection of the competition (The anti-monopoly agency) and the Minister of Transport and communication of the Republic of Kazakhstan.

4. This joint order becomes effective from the date of its signing.

 

Minister of Transport and

communications of the Republic of Kazakhstan

(Anti-monopoly agency)

 

 

S. Akhmetov

Chairman of the Agency of the Republic

Kazakhstan on protection of the competition

 

M. Esenbayev

Approved by the joint order of the Chairman of the Agency of the Republic of Kazakhstan on protection of the competition (The anti-monopoly agency) against July 21, 2008 No. 174-OD of the Minister of Transport and communication of the Republic of Kazakhstan against July 22, 2008 No. 357

Order of interaction concerning competition policy taking into account monitoring of the commodity, including financial markets, for the purpose of support of fair competition

1. General provisions

1. This Order of interaction concerning competition policy taking into account monitoring of the commodity, including financial markets, for the purpose of support of fair competition (further - the Order of interaction) regulates the mechanism of interaction of the Ministry of transport and communication of the Republic of Kazakhstan (further - the Ministry) and Agencies of the Republic of Kazakhstan on protection of the competition (The anti-monopoly agency) (further - Antimonopoly authority).

2. The antimonopoly authority and the Ministry (further - the Parties) in work on questions of competition policy and support of fair competition are guided by legislative, other regulatory legal acts of the Republic of Kazakhstan and this Order of interaction.

2. Main directions and order of interaction of Antimonopoly authority and Ministry

3. The antimonopoly authority and the Ministry will organize regular exchange of information on all questions carried to subject of this Order of interaction.

4. Requests and replies of the Parties go in writing, and in the cases requiring the operational solution with use of means of fax and (or) electronic and (or) cable and (or) special connection, with the subsequent provision of the original.

5. The required Party takes all necessary measures for ensuring operational, complete execution of request and confidentiality of information.

6. The parties give necessary instructions to the territorial authorities and departments on implementation of interaction within this Order of interaction.

7. The rights and obligations of the Parties within this Order of interaction extend to territorial authorities and departments of the parties.

3. Interaction of the parties

8. The antimonopoly authority if necessary provides to the Ministry analytical information and data of monitorings on competitive situation in the goods markets of the Republic of Kazakhstan, on economy industries, according to competence of the Ministry.

9. The antimonopoly authority within the competence carries out on requests of the Ministry of research, expertizes and draws the conclusions concerning the antitrust law, on economy industries, according to competence of the Ministry.

10. The antimonopoly authority on requests of the Ministry and its departments directs as experts of the workers for participation in actions for investigation of subjects of the market, on economy industries, according to competence of the Ministry.

11. The ministry provides at the request of Antimonopoly authority of the conclusion on the analyzed goods markets of the Republic of Kazakhstan, on economy industries, according to competence of the Ministry.

12. The ministry of requests and appeals of Antimonopoly authority provides the conclusions about goods, works and services regarding their interchangeability.

13. The ministry carries out on requests and appeals of Antimonopoly authority of research, examination and issues on them the conclusions, within the powers established to legislations.

5. Final provisions

14. Employees of the Parties bear the responsibility established by the legislation of the Republic of Kazakhstan for disclosure of the data which are the commercial and protected by the legislation other secret, received during implementation of their activities.

15. The parties use information obtained in course of execution of this Order of interaction only for implementation of the powers established by the legislation of the Republic of Kazakhstan.

16. For the purpose of development of suggestions for improvement of interaction of the Party perform mutual consultations on the questions entering competence of each of the Parties and also hold joint working meetings and thematic seminars.

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