Kazakhstan (July 7, 2006) - Revision history

HCargill: formatting

2008-06-12T16:52:52Z

formatting

← Older revision		Revision as of 16:52, 12 June 2008
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	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
			\| 1
	\| Article 16 allows third parties to participate when the antimonopoly authority considers merger applications.		\| Article 16 allows third parties to participate when the antimonopoly authority considers merger applications.
	\|

	\|- class="categorydivision"		\|- class="categorydivision"

HCargill: add up the score, change one article number from the 2001 to the 2006 number.

2008-06-12T16:51:15Z

add up the score, change one article number from the 2001 to the 2006 number.

← Older revision		Revision as of 16:51, 12 June 2008
Line 1:		Line 1:
	'''Score = 22'''		'''Score = 24'''

	''Governed by:'' Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities		''Governed by:'' Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities, Law No. 173-III of July 7, 2006
	<ref>Translated Act on World Bank website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf</ref>		<ref>Translated Act on World Bank website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf</ref>

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	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| Article 16(2) prohibits discriminatory pricing/conditions.		\| Article 10(2) prohibits discriminatory pricing/conditions.

	\|-		\|-

HCargill at 16:39, 12 June 2008

2008-06-12T16:39:45Z

← Older revision		Revision as of 16:39, 12 June 2008
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 14(6) prohibits price fixing.		\| Article 7(1) prohibits price fixing.

	\|-		\|-
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	\|		\|
	\| Market Division		\| Market Division
	\| 0		\| 1
	\|		\| Article 7(3) prohibits segmenting markets.

	\|-		\|-
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	\| Output Restraint		\| Output Restraint
	\| 1		\| 1
	\| Article 14 prohibits agreements to restrict production.		\| Article 7(4) prohibits agreements to restrict production.

	\|-		\|-
	\|		\|
	\| Market Sharing		\| Market Sharing
	\| 1		\| 0
	\| ~~Article 14(1)(3) prohibits market sharing.~~		\|

	\|-		\|-
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| Article 14(4) prohibits acts that eliminate competitors and restrict market access.		\| Article 7(6) prohibits acts that eliminate competitors and restrict market access.

	\|-		\|-
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	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 1		\| 1
	\| Article 14(7) prohibits ~~collusive tendering~~.		\| Article 7(2) prohibits bid rigging.

	\|-		\|-
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	\| Supply Refusal		\| Supply Refusal
	\| 1		\| 1
	\| Article 14(5) prohibits ~~group boycotts~~.		\| Article 7(5) prohibits ungrounded refusal to deal.

	\|-		\|-

HCargill at 16:28, 12 June 2008

2008-06-12T16:28:50Z

← Older revision		Revision as of 16:28, 12 June 2008
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article 10 prohibits a dominant company from limiting ~~access to~~ its ~~market~~.		\| Article 10(7)prohibits a dominant company from unreasonably limiting its output.

	\|-		\|-
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	\| Obstacles to Entry		\| Obstacles to Entry
	\| 1		\| 1
	\| Article ~~16(4)~~ prohibits ~~the restriction of~~ entry ~~to the commodity market~~.		\| Article 10 prohibits actions which create limitations to entry or remove competition.

	\|-		\|-

HCargill at 16:23, 12 June 2008

2008-06-12T16:23:37Z

← Older revision		Revision as of 16:23, 12 June 2008
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article ~~1prohibits~~ a dominant company from limiting access to its ~~goods~~.		\| Article 10 prohibits a dominant company from limiting access to its market.

	\|-		\|-
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 16(4) prohibits price setting (low and high)		\| Article 10(1) prohibits price setting (low and high).

	\|-		\|-
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	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| Article 16(4) prohibits discriminatory pricing/conditions.		\| Article 16(2) prohibits discriminatory pricing/conditions.

	\|-		\|-
	\|		\|
	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 0		\| 1
	\|		\| Article 10(3) prohibits fixing conditions of resale price.

	\|-		\|-

HCargill: Updated for 2006 law

2008-06-12T16:16:47Z

Updated for 2006 law

New page

'''Score = 22'''

''Governed by:'' Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities
<ref>Translated Act on World Bank website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 2 extends the scope of the Law to activities affecting competition in Kazakhstan

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 38 gives the antimonopoly authority the right to impose fines.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 29 allows the government to force divestiture of monopolies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 21 allows third parties to notify the government about monopoly violations and trigger an investigation.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 38 says that parties who violate the competition law are subject to civil damages.

|-
|
| 3rd Party Rights in Proceedings
| Article 16 allows third parties to participate when the antimonopoly authority considers merger applications.
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 13 says that consent of the antimonopoly authority is required before specified mergers/acquisitions/deals occur.

|-
|
| Pre-merger
| 2
|

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 12 defines regulated mergers as those establishing a market share of over 35%.

|-
|
| Restriction of Competition
| 1
| Article 14 says that a merger may be disallowed if it would restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 14 allows the antimonopoly authority to permit mergers if the positive effects will outweigh the restrictions on competition.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 14 allows the antimonopoly authority to permit mergers if the positive effects will outweigh the restrictions on competition.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 1prohibits a dominant company from limiting access to its goods.

|-
|
| Abusive Acts
| 1
| Article 10 prohibits abuse of a dominant position.

|-
|
| Price Setting
| 1
| Article 16(4) prohibits price setting (low and high)

|-
|
| Discriminatory Pricing
| 1
| Article 16(4) prohibits discriminatory pricing/conditions.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 1
| Article 16(4) prohibits the restriction of entry to the commodity market.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 14(6) prohibits price fixing.

|-
|
| Tying
| 0
|

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 14 prohibits agreements to restrict production.

|-
|
| Market Sharing
| 1
| Article 14(1)(3) prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 14(4) prohibits acts that eliminate competitors and restrict market access.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 14(7) prohibits collusive tendering.

|-
|
| Supply Refusal
| 1
| Article 14(5) prohibits group boycotts.

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />