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

of November 30, 2015 No. 745

About approval of Rules of issue of the notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition and its form

According to Item 1 of article 199 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, PRIKAZYVAYU:

1. Approve:

1) Rules of issue of the notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition according to appendix 1 to this order;

2) form of the notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition according to appendix 2 to this order.

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:

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 in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

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

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2016 and is subject to official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 745

Rules of issue of the notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition

Chapter 1. General provisions

1. These rules of issue of the notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition (further - Rules) are developed according to article 199 of the Entrepreneurial code of the Republic of Kazakhstan (further - the Code) and determine procedure for issue of the notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition.

2. The notification on availability in actions (failure to act) of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition (further - the Notification), according to the approved form, goes antimonopoly authority to the subject of the market, the state, local executive body, the organization equipped with the state functions of regulation of activities of subjects of the market (further - Person to whom the notification is issued).

3. The basis for issue of the notification is establishment of signs by antimonopoly authority:

1) anti-competitive vertical agreements of the subjects of the market specified in Item 2 of article 169 of the Code;

2) abuses of the dominating or monopoly position, except for the signs specified in the subitem 1) of article 174 of the Code;

3) anti-competitive coordinated actions of subjects of the market;

4) unfair competition;

5) anti-competitive actions (failure to act), agreements state, local executive bodies, the organization equipped with the state functions of regulation of activities of subjects of the market.

4. Sources of data on signs of the violations specified in Item 3 of Rules are:

1) the materials which arrived from state bodies;

2) addresses of physical and (or) legal entities;

3) messages of mass media;

4) own researches of antimonopoly authority.

5. The notification is not taken out on signs:

1) the anti-competitive agreements between subjects of the market specified in Items 1 and 3 of article 169 of the Code;

2) abuses of the dominating or monopoly position, specified in the subitem 1) of article 174 of the Code;

3) coordination of economic activity of subjects of the market;

4) coordination of activities of suppliers of purchases and bidders.

6. In case of detection within one calendar year from the moment of pronouncement of the notification by antimonopoly authority on availability in actions (failure to act) of the same Person to which the notification is issued of the signs of the same violation of the law of the Republic of Kazakhstan in the field of protection of the competition listed in Item 3 of these rules, the antimonopoly authority passes the decision on conducting investigation without the direction of the notification.

7. Adoption by antimonopoly authority of the decision on conducting investigation on signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition, the these rules specified in Item 3, without pronouncement of the notification and before completion of term of its execution is not allowed, except as specified, the these rules specified in Item 5.

Chapter 2. Procedure for issue of the notification

8. The notification is handed or goes the registered mail with the notification or through the different ways of communication allowing to fix (to certify) the fact of proper delivery of the notification no later than ten working days in time from the date of when the antimonopoly authority knew of availability of the signs specified in Item 3 of these rules.

9. Person to whom the notification is issued is considered properly informed if the notification is handed personally to it, or it is received to his legal representative or the employee authorized on receipt of correspondence by different way that is confirmed by the fact of sending and obtaining.

Person to whom the notification is issued is also considered properly, informed in case:

refusal of receipt of the registered mailing also makes the corresponding mark with the signature in the mailing or the notification. If the addressee refuses receipt of the registered mailing and does not make the corresponding mark with the signature, the employee of operator of mail does the mark "The Addressee Refused the Mailing and Putting Down of the Signature" in the mailing and the notification;

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