Kazakhstan (July 7, 2006): Difference between revisions
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'''Score = | '''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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| | | | ||
| 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" | ||
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| Limits Access | | Limits Access | ||
| 1 | | 1 | ||
| Article | | Article 10(7)prohibits a dominant company from unreasonably limiting its output. | ||
|- | |- | ||
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| Price Setting | | Price Setting | ||
| 1 | | 1 | ||
| Article | | Article 10(1) prohibits price setting (low and high). | ||
|- | |- | ||
| Line 132: | Line 133: | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| 1 | | 1 | ||
| Article | | Article 10(2) prohibits discriminatory pricing/conditions. | ||
|- | |- | ||
| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 1 | ||
| | | Article 10(3) prohibits fixing conditions of resale price. | ||
|- | |- | ||
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| Obstacles to Entry | | Obstacles to Entry | ||
| 1 | | 1 | ||
| Article | | Article 10 prohibits actions which create limitations to entry or remove competition. | ||
|- | |- | ||
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| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| Article | | Article 7(1) prohibits price fixing. | ||
|- | |- | ||
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| | | | ||
| Market Division | | Market Division | ||
| | | 1 | ||
| | | Article 7(3) prohibits segmenting markets. | ||
|- | |- | ||
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| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| Article | | Article 7(4) prohibits agreements to restrict production. | ||
|- | |- | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| | | 0 | ||
| | | | ||
|- | |- | ||
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| Eliminating Competitors | | Eliminating Competitors | ||
| 1 | | 1 | ||
| Article | | 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 | | Article 7(2) prohibits bid rigging. | ||
|- | |- | ||
| Line 198: | Line 199: | ||
| Supply Refusal | | Supply Refusal | ||
| 1 | | 1 | ||
| Article | | Article 7(5) prohibits ungrounded refusal to deal. | ||
|- | |- | ||
Latest revision as of 16:52, 12 June 2008
Score = 24
Governed by: Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities, Law No. 173-III of July 7, 2006 [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2 extends the scope of the Law to activities affecting competition in Kazakhstan |
| 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. | |
| 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 | 1 | Article 16 allows third parties to participate when the antimonopoly authority considers merger applications.
| |
| 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 | ||
| 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. | |
| Dominance | Limits Access | 1 | Article 10(7)prohibits a dominant company from unreasonably limiting its output. |
| Abusive Acts | 1 | Article 10 prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 10(1) prohibits price setting (low and high). | |
| Discriminatory Pricing | 1 | Article 10(2) prohibits discriminatory pricing/conditions. | |
| Resale Price Maintenance | 1 | Article 10(3) prohibits fixing conditions of resale price. | |
| Obstacles to Entry | 1 | Article 10 prohibits actions which create limitations to entry or remove competition. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 7(1) prohibits price fixing. |
| Tying | 0 | ||
| Market Division | 1 | Article 7(3) prohibits segmenting markets. | |
| Output Restraint | 1 | Article 7(4) prohibits agreements to restrict production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 7(6) prohibits acts that eliminate competitors and restrict market access. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 7(2) prohibits bid rigging. | |
| Supply Refusal | 1 | Article 7(5) prohibits ungrounded refusal to deal. | |
| Efficiency Defense | 0 |
References
- ↑ Translated Act on World Bank website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf