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

of February 13, 2017 No. 65

About approval of standard external acts of anti-monopoly komplayens for subjects of the market

According to the subitem 36) article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve:

1) the standard external act of anti-monopoly komplayens for the subjects of the market performing activities in the goods markets of the Republic of Kazakhstan according to appendix 1 to this order;

2) the standard external act of anti-monopoly komplayens for the subjects of the market performing activities in the cross-border goods markets 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 of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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 after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of February 13, 2017 No. 65

The standard external act of anti-monopoly komplayens for the subjects of the market performing activities in the goods markets of the Republic of Kazakhstan

Chapter 1. Introduction provisions

1. The external act of anti-monopoly komplayens determines policy and rules of fair competition of the subject (subjects) of the market in the corresponding goods market of the Republic of Kazakhstan, taking into account its specifics, structure and features.

2. The subject (subjects) of the market confirms (-yut) aspiration to fair competition in the corresponding goods market of the Republic of Kazakhstan and to taking measures to the prevention of violations of the law of the Republic of Kazakhstan in the field of protection of the competition by development and deployment of the external act of anti-monopoly komplayens.

3. Availability of the external act of anti-monopoly komplayens does not attract any material and other benefits to the subject (subjects) of the market, and also does not exempt from liability and need of compliance with law of the Republic of Kazakhstan in the field of protection of the competition, however minimizes risks of its violation.

4. The external act of anti-monopoly komplayens of the subject of the market (subjects of the market) considered by antimonopoly authority is the act of explanation of the legislation of the Republic of Kazakhstan in the field of protection of the competition concerning the subject of the market (subjects of the market) or in relation to specific situation.

5. The external act of anti-monopoly komplayens can be added with explanations of specific situations.

6. In this external act of anti-monopoly komplayens the concepts provided by the current legislation of the Republic of Kazakhstan in the field of protection of the competition are used.

Chapter 2. General principles of fair competition

7. The subject (subjects) of the market, signatory this external act of anti-monopoly komplayens, confirm the intention and aspiration to adhere to the following principles of fair competition:

1) respect for the principles of market economy and fair competition;

2) acceptance of effective preventive measures according to the prevention of the actions (failure to act) causing loss to goodwill of the subject of the market and the competition;

3) creation and providing fair and equal conditions for all participants of the market, including transparent and non-discriminatory sales terms of goods (rendering service, performance of works).

Chapter 3. List fair practician of the subject (subjects) of the market

8. The subject (subjects) of the market which accepted or who joined (-iyesya) to the external act of anti-monopoly komplayens, based on provisions of the legislation of the Republic of Kazakhstan in the field of protection of the competition:

1) is not allowed by participations:

in horizontal agreements (shipping conferences) if such agreements bring or can bring to:

to establishment or maintenance of the prices (rates), discounts, allowances (surcharges) and (or) markups;

to increase, decrease or maintenance of the prices at the biddings, to misstatement of results of the biddings, auctions and tenders, including by the Section on lots;

to the Section of the goods market by the territorial principle, sales amount or purchases of goods, to the range of implementable goods or the list of sellers or buyers (customers);

to reducing or cessation of production of goods;

to refusal of the conclusion of agreements with certain sellers or buyers (customers);

in vertical agreements, if:

such agreements bring or can lead to price fixation of resale of goods, except for case when the seller establishes maximum price of resale of goods for the buyer (customer);

such agreement provides the obligation of the buyer (customer) not to sell goods of the subject of the market who is competitor of the seller;

such agreement provides the obligation of the seller not to sell goods to the subject of the market who is competitor of the buyer (customer);

in the agreements signed in any form which bring or can lead to competition restriction, including concerning:

establishment or maintenance of discrimination conditions to equivalent agreements with other subjects of the market, including establishment of agreed terms of acquisition and (or) sales of goods;

economically, technology and otherwise unreasonable establishment by subjects of the market of the different prices (rates) for the same goods;

unreasonable restriction or termination of sales of goods;

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