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The document ceased to be valid since  June 11, 2018 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of May 4, 2018 No. 173

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

of April 2, 2015 No. 302

About approval of the Method of identification of exclusively 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 exclusively 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. 139-OD "About approval of the Method of identification of exclusively low price" (registered in the Register of state registration of regulatory legal acts for No. 8534, 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 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. 302

Method of identification of exclusively low price

1. The method of identification of exclusively 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 exclusively low 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 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 exclusively 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 certain 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 low 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, the established Law.

7. Department of antimonopoly authority carries out the analysis of price performance of production (realization) of goods in the goods market for the purpose of identification of the following signs of exclusively low price:

1) this price of low price which in the same goods market is established by the subject of the market which is not entering one group of persons with the Subject;

2) this price is lower than the amount of actual expenses on production and realization of such goods.

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

9. Department of antimonopoly authority analyzes the level of prices for goods which in the corresponding goods market are established by the subjects of the market which are not entering with the Subject one group of persons. In case of price analysis high-quality parameters of goods are considered.

10. If the price established by the Subject of high prices which in the same goods market are established by the subjects of the market which are not entering with the Subject one group of persons the price of the Subject is not exclusively low.

If the price established by the Subject of low prices which in this goods market are established by the subjects of the market which are not entering with the Subject one group of persons department of antimonopoly authority carries out the analysis of actual expenses of the Subject on production and realization of such goods and finds out circumstances of establishment by the Subject of the low price of goods on which the Subject's provision acknowledged dominating.

11. For decision making department of antimonopoly authority carries out the analysis, including:

1) financial and economic activities of the Subject;

2) loudspeakers of production and complete cost of goods, on which the Subject's provision acknowledged dominating;

3) price performance on goods, on which the Subject's provision acknowledged dominating;

4) loudspeakers of production volumes (realization) of goods by the Subject;

5) agreements as a result of which directly or indirectly there is price of goods on which the Subject's provision acknowledged dominating;

6) production costs and expenses of the period;

7) other proving materials provided by the Subject.

12. In case of determination of the actual expenses of the Subject which are directly connected with production (realization) of goods on which the Subject's provision acknowledged dominating, are considered:

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