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The document ceased to be valid since  January 24, 2016 according to Item 3 of the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 741

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

of April 2, 2015 No. 303

About approval of the Method of carrying out the analysis and assessment of condition of competitive environment in the goods market

According to the subitem 14) article 39 of the Law of the Republic of Kazakhstan of December 25, 2008 "About the competition" PRIKAZYVAYU:

1. Approve the enclosed Method of carrying out the analysis and assessment of condition of competitive environment in the goods market.

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 31, 2013 No. 149-OD "About approval of the Method of carrying out the analysis and assessment of condition of competitive environment in the goods market" (registered in the Register of state registration of regulatory legal acts for No. 8558, No. 307 published in the Kazakhstanskaya Pravda newspaper of November 2, 2013 (27581).

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. 303

Method of carrying out the analysis and assessment of condition of competitive environment in the goods market

1. General provisions

1. This Method of carrying out the analysis and assessment of condition of competitive environment in the goods market is applied for the purpose of practical mastering skills of carrying out the analysis and used in the cases requiring the analysis and assessment of condition of competitive environment in the goods markets or provisions of subjects of the market on it including:

1) when carrying out the analysis of the goods markets for the purpose of determination of competitive situation in these goods markets and forming of the State register of the subjects of the market holding the dominating or monopoly position (further - the Register);

2) in case of the state control of economic concentration;

3) in case of appeal to the court about forced separation (allocation) of the subjects of the market holding the dominating or monopoly position.

2. In this Technique the concepts determined by the Law of the Republic of Kazakhstan "About the competition" are used.

3. Carrying out the analysis and assessment of condition of competitive environment in the goods market 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 barriers of entrance on the goods market;

8) conclusions on market research.

4. In the analysis and assessment of condition of competitive environment in the goods market as initial information are used:

1) this to the state statistical reporting, characterizing activities of subjects of the market;

2) the data received from Committee according to the statistics of the Ministry of national economy of the Republic of Kazakhstan and its territorial authorities;

3) the data received from the Ministry of Justice of the Republic of Kazakhstan and its territorial authorities;

4) the data received from Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan and its territorial authorities;

5) the data received from the industry Ministries and departments, their territorial authorities;

6) the data received from local executive and representative bodies;

7) the data received from physical persons and legal entities;

8) data of consumer associations (associations);

9) messages of mass media;

10) data of own researches of department of antimonopoly authority;

11) data of marketing, social researches, selective polls and questioning of subjects of the market, citizens, public organizations;

12) data of departmental and independent information centers and services on condition, structure and amounts of the goods markets, participation in goods turnover of certain producers and buyers of goods.

2. Determination of criteria of interchangeability of goods

5. The procedure of determination of criteria of interchangeability of the goods which do not have substitute or interchangeable goods (works, services) which are traded on the same goods market includes:

determination of description of goods;

determination of the properties of goods determining the choice of the buyer, and the goods which are potentially interchanged for these goods;

determination of interchangeable goods.

6. Preliminary determination of description of goods is carried out on basis:

1) commodity dictionaries or reference books of merchandisers;

2) the conclusions of the specialists having special knowledge in the respective sphere;

3) decisions on provision of licenses, documents confirming license availability;

4) terms of the contract which subject are the considered goods;

5) the method allowing to determine unambiguously goods.

7. In case of determination of the properties of goods determining the choice of the buyer are analyzed:

1) functional purpose, including consumption purpose of goods and its consumer properties;

2) use of goods;

3) quality and technical characteristics, including type, grade, packaging, features in system of distribution and sale;

4) technical characteristics, including operational indicators, restrictions on transportation, conditions of assembly, repair, maintenance (including guarantee maintenance), features of professional use (productive consumption);

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