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

of November 30, 2015 No. 741

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 15) article 88 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

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

2. 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 of the Republic of Kazakhstan:

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 it the copy 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.

3. Declare invalid the 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" (registered in the Register of state registration of regulatory legal acts for No. 10731, published in information system of law of Ad_let on May 12, 2015).

4. To impose control of execution of this order on the supervising 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 of national economy of the Republic of Kazakhstan

E.Dosayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 741

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 (further - the Technique) 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 (or) forming of the state register of the subjects of the market holding the dominating or monopoly position in the controlled markets;

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

3) in case of identification of signs of anti-competitive agreements and coordinated actions, abuses of the dominating or monopoly position;

4) when carrying out the analysis of activities of the state companies and legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons, affiliirovanny with them (further - the state legal entities) for the purpose of establishment of feasibility of presence of the state at the entrepreneurial circle.

2. In this Technique the following concept is used:

Subsidiarity - the principle of supporting role of participation of the state in economy.

Other concepts used in this Technique are determined in the Entrepreneurial Code of the Republic of Kazakhstan.

3. The analysis and assessment of condition of competitive environment in the goods markets are carried out according to the general and specific criterions specified in appendix to this Technique.

4. The purposes of implementation of selection of the goods markets for carrying out the analysis and assessment of condition of competitive environment are:

determination of priority of selection of the goods markets for carrying out the analysis and assessment of condition of competitive environment;

increase in efficiency of the carried-out work on development and protection of the competition, including the prevention and suppression of monopolistic activities.

5. Carrying out the analysis and assessment of condition of competitive environment in the goods market includes the following stages:

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