The agency of the Republic of Kazakhstan for competition protection (ANTIMONOPOLY AGENCY)

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The Agency of the Republic of Kazakhstan for Competition Protection (Antimonopoly Agency) was established under the Kazakhstan President’s Decree # 425 “On measures for further improvement of the public management system of the Republic of Kazakhstan” on October 13, 2007.

The Agency Regulation and the list of the Agency’s regional divisions were approved by the Kazakhstan government enactment # 141 on February 15, 2008.

In accordance with the article 39 in the Kazakhstan Law “On Competition”, the Agency’s functions are as following:

Working out proposals on forming state policy, implementing state policy in the field of competition protection and monopoly activity restriction;

Implementing intersectoral coordination among public authorities and other organizations in the field of competition protection and monopoly activity restriction;

Realizing international cooperation on competition authority efficiency issues;

Implementing public control on compliance with Kazakhstan antimonopoly legislation;

Suppressing public authorities acts, activity (inactivity) restricting and (or) eliminating competition;

Monitoring economic concentration;

Preventing and abolishing abuse of dominance or monopoly in the relevant market of goods except breaches provided by the Kazakhstan legislation on natural monopoly and regulated market;

Preventing and suppressing cartels and agreed actions of market subjects, unfair competition;

Developing measures on the Kazakhstan antimonopoly legislation improvement;

Developing and coordinating normative legal acts in the field of competition development, monopoly restriction activity and the functioning of markets of goods;

Analyzing and assessing competition environment condition in markets of goods;

Analyzing and monitoring activity of the market subjects having dominant or monopolistic position in market of goods;

Setting up and keeping the register;

Approving methodology for analyzing and assessing competition environment condition in market of goods, defining criteria for substitute goods, their purchase accessibility, and product market boundaries; regarding financial organizations; in coordination with public authority, regulating and supervising financial market and financial organizations;

Detecting monopoly high (low) price, monopsony low price set by dominant or monopoly subject, except regulated market subjects;

Approving the methodology to detect monopoly high (low) price and monopsony low price;

Hereunder, investigating violence to the Kazakhstan antimonopoly legislation done by market subjects and public authorities;

Hereunder, requesting and obtaining necessary legitimate information of a commercial secret nature from public authorities, including statistics, taxation, customs authorities, market subjects, officials, individuals, and legal entities;

Obliging market subjects with the rules to be executed on:

abolishing the violence of the Law and its consequences;

reinstating initial situation;

cancelling or amending contracts breaching the Law;

negotiating contracts with another market subjects in case of evasion or non-negotiation of the contract with certain distributors or customers;

 Obliging public authorities with the rules to be executed on the abolishment or amendment of acts adopted by them, also non-violence, and cancelling or amending concluded contracts breaching the Law;

Investigating administrative violence and imposing an administrative penalty in accordance with the Kazakhstan Administrative Code;

Suing to a law-court for a claim prosecution, participating in the court process on the Kazakhstan antimonopoly legislation implementation and violation;

Together with a regulator, submitting proposals to the Kazakhstan Government on the issue of classifying market of goods as a regulated one;  

In case of the Kazakhstan antimonopoly legislation breaches, submitting materials for legal prosecution to the law enforcement agency;

Providing recommendations to public authorities on implementing measures to protect and develop competition in the Kazakhstan markets of goods;

Annually by June 1 at the latest, submitting annual report on the statement of individual markets of goods and measures taken to restrict monopolistic activity to the Kazakhstan President’s Administration and the Kazakhstan Government.

The superior governing authority of the antimonopoly agency is the Board headed by the Chairman, who is the chairman of the antimonopoly agency as well.

The Board consists of five persons. It includes the Chairman of the antimonopoly agency, Deputy Chairmen, and two Kazakhstan Government representatives.       

The Board of the Agency:

Yesenbayev Mazhit Tuleubekovich – Chairman of the Agency, Chairman of the Board,

Kusainov Marat Apsemetovich – Vice-minister of economy and budget planning of the republic of Kazakhstan, Board member,

Mamytbekov Yedil Kulamkadyrovich - Vice-minister of industry and trade of the republic of Kazakhstan, Board member,

Kozhakhmetov Zhanat Muratovich – Deputy Chairman of the Agency, Board member,

Parsegov Boris Anatolyevich - Deputy Chairman of the Agency, Board member.

 

Under the Kazakhstan Government decree # 1127 on December 2, 2008, the JSC “Competition Policy Development and Protection Center” (http://www.czk.kz/) was established.

 Main objectives of the Center:

Doing analytical, theoretical and practical research into competition policy;

Analyzing world tendency in the competition policy and its effect in the Kazakhstan market of goods;

Defining an optimal model of the competition level in regions and economic sectors;

Predicting economic effects emerging from the monopolization, economic concentration, and state-regulated economy;

Advocating competition.

Under the Kazakhstan Government decree # 1220 on December 23, 2008, the Agency’s Strategic Plan 2009 - 2011 was approved, where the Agency’s mission is to protect competition, restrict monopolistic activity, prohibit unfair competition, and coordinate intersectoral activity of the competition development public authorities. The strategic direction of the Agency is considered to create conditions for competition development; the objective of the Agency is to reduce undeveloped competition markets.  


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