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The document ceased to be valid since  January 12, 2017 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of November 24, 2016 No. 486

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

of April 2, 2015 No. 301

About approval of the Method of identification of exclusively high 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 exclusively high 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. 140-OD "About approval of the Method of identification of exclusively high price" (registered in the Register of state registration of regulatory legal acts for No. 8538, 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 its direction on official publication in periodic printing editions and in 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 becomes effective 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. 301

Method of identification of exclusively high price

1. The method of identification of exclusively high 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 exclusively high price established by the subject of the market holding the dominating or monopoly position in the corresponding goods market (further - the Subject).

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 exclusively high 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 exclusively high 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 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 exclusively high price is not made.

6. Department of antimonopoly authority after carrying out the analysis of the goods market and inclusion of the Subject in the Register in the presence of the actual data specifying availability in actions of the subject of the market of signs of antitrust violations makes investigation according to the procedure, established by the Law.

7. 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:

1) establishment by the Subject of the price of goods, on which the Subject's provision acknowledged dominating, the exceeding price of the same goods of other subjects of the market in the corresponding or comparable goods market;

2) exceeding of growth rates of the prices of goods, on which the Subject's provision acknowledged dominating, in comparison with the corresponding growth rates of the prices in the corresponding or comparable goods market;

3) increase in prices for goods, on which the Subject's provision acknowledged dominating, by decrease in physical characteristics (for example, commodity unit weight);

4) unreasonable reducing production volumes and (or) deliveries or cessation of production and (or) deliveries of goods on which there are demand or orders of consumers, in the presence of possibility of production or delivery.

8. For Subjects from shares of domination of 90 percent and more, department of antimonopoly authority for the purpose of detection of the actual data specifying availability of signs of antitrust violations carries in addition out the analysis of cost and profitability of production (realization) of goods, including:

1) excess of growth of expenses of the period over growth of production unit cost of goods of the Subject;

2) increase in growth rates of the salary of administrative personnel in comparison with growth rates of the salary of production personnel of the Subject;

3) excess at the Subject of level of the average monthly salary over the average monthly salary on industry or the region.

9. In case of availability of the actual data specifying availability in actions of the subject of the market of signs of antitrust violations, department of antimonopoly authority issues the order on conducting investigation.

10. When conducting investigation it is necessary to establish availability of the facts confirming actions of the Subject for establishment of exclusively high price.

11. If at the Subject the share of domination constitutes 90 percent and more, and also there is no comparable goods market, determination of exclusively high price is made according to Technique Item 14.

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