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The document ceased to be valid since  April 2, 2018 according to Item 2 of the Order of the Acting Minister of national economy of the Republic of Kazakhstan of February 23, 2018 No. 70

ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of April 2, 2015 No. 300

About approval of the Method of identification of monopsonicheska of low price

According to the subitem 16) article 39 of the Law of the Republic of Kazakhstan of December 25, 2008 "About the competition" PRIKAZYVAYU:

1. Approve the enclosed Method of identification of monopsonicheska of low price.

2. Declare invalid the order of the Chairman of the Agency of the Republic of Kazakhstan on protection of the competition (The anti-monopoly agency) against May 28, 2013 No. 141-OD "About approval of the Method of identification of monopsonicheska of low price" (registered in the Register of state registration of regulatory legal acts for No. 8537, No. 251 published in the Kazakhstanskaya Pravda newspaper of August 14, 2013 (27525).

3. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy 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) within ten calendar days after state registration of this order the direction on official publication of this order in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

4. To impose control of execution of this order on the first Vice-Minister of national economy of the Republic of Kazakhstan.

5. This order is removed in action after ten calendar days after day of its first official publication.

Minister

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of April 2, 2015 No. 300

Method of identification of monopsonicheska of low price

1. The method of identification of monopsonicheska of low price (further - the Technique) is developed according to the subitem 16) of article 39 of the Law of the Republic of Kazakhstan "About the competition" of December 25, 2008 (further - the Law).

The purpose of this Technique is determination of monopsonicheska of the low price established by the subject of the market holding monopsonichesky position in the corresponding goods market.

2. This Technique is applied in case of identification of antitrust violations of the Republic of Kazakhstan, regarding abuse of the dominating or monopoly position, expressed in establishment of monopsonicheska of low price.

3. The concepts and terms applied in this Technique are used in the values determined in the laws of the Republic of Kazakhstan.

4. Within consideration of data on establishment of monopsonicheska of low price department of antimonopoly authority carries out the following actions:

1) determines the fact of availability of state regulation of the prices in the goods market;

2) determines the fact of availability of the exclusive right of the state affirmed by the Law on production, realization or purchase of any goods in the competitive market (the state monopoly);

3) determines the fact of lack of subject of the market which provision is recognized monopsonichesky (further - the Subject), in the State register of the subjects of the market holding the dominating or monopoly position (further - the Register);

4) establishes domination share with which the subject of the market is included in the Register.

5. In case of establishment of one of the conditions provided by subitems 1), 2), 3) of item 4 of this Technique, investigation about establishment of monopsonicheska of low price is not made.

6. Department of antimonopoly authority for the purpose of detection of the actual data specifying availability of signs of antitrust violations carries out the analysis of price performance and production volumes (realization) of goods in the goods market, including on:

1) purchase of goods by the Subject at the prices is lower than that level which would develop in the competitive markets where subjects of the market have no monopsonichesky provision;

2) reducing production volumes and underexploitation of capacities of the subject of the market realizing goods (further - the Seller) with demand for the sold (made) goods;

3) leaving from the market of two or more Sellers (producers) owing to the unprofitability of their activities provoked by the Subject.

7. Investigation it is necessary to determine availability of the facts of establishment by the Subject of monopsonicheska of low price.

8. For the purpose of identification of the facts of establishment of monopsonicheska of low price department of antimonopoly authority determines the fact of unprofitability of other competitors of the Seller.

9. If the purchase price of goods of low price of that level which would develop in the competitive market or in the comparable goods market carries out by department of antimonopoly authority expense analysis and profits of the Seller for the purpose of need assessment for production and realization of such goods, expenses and profit.

10. For decision making department of antimonopoly authority carries out comparative analysis, including:

1) financial and economic activities of the Subject, Seller and his competitors;

2) loudspeakers of production and complete cost of goods of the Subject, Seller and his competitors;

3) price performance on goods of the Seller and his competitors;

4) loudspeakers of production volumes (realization) of goods of the Subject, Seller and his competitors;

5) agreements as a result of which directly or indirectly there is price of goods of the Seller and his competitors;

6) other proving materials provided by the Subject, the Seller and his competitors.

11. For acceptance of reasoned decision it is necessary to analyze structure of the prices of the sold (implementable) goods of the Seller of the checked products in dynamics.

In case of assessment of necessary costs of the Seller per unit of goods if necessary the method of comparative analysis of similar costs of other subjects in the corresponding goods market is applied.

Besides, if necessary for additional reasons growth rates of the prices, costs (individual clauses of costs) and the level of profitability of the Subject, the Seller and other subjects of the market in the goods market are compared.

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