Kazakhstan (January 19, 2001): Difference between revisions
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New page: '''Score = 23''' ''Governed by:'' Law No. 144 of 19th January 2001 of the Republic of Kazakhstan Concerning Competition and Restriction of Monopolistic Activities. <ref>Translated Act on... |
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'''Score = | '''Score = 22''' | ||
''Governed by:'' Law No. 144 of | ''Governed by:'' Law No. 144 of 19 January 2001 of the Republic of Kazakhstan Concerning Competition and Restriction of Monopolistic Activities. | ||
<ref>Translated Act on Global Competition Forum website | <ref>Translated Act on Global Competition Forum website: http://www.globalcompetitionforum.org/regions/asia/Kazakhstan/Kazaki%20Com.pdf</ref> | ||
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Latest revision as of 22:19, 21 April 2009
Score = 22
Governed by: Law No. 144 of 19 January 2001 of the Republic of Kazakhstan Concerning Competition and Restriction of Monopolistic Activities. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2 extends the scope to all entities affecting competition in Kazakhstan. |
| Remedies | Fines | 1 | Article 21 gives the antimonopoly body the right to impose fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 12 gives the antimonopoly body the right to reorganize a monopolistic company. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 21 says that sometimes heads of other market entities can be requires to stop violations. |
| Remedies Available to 3rd Parties | 1 | Article 21 says that other market entities can recover damages. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 17 says that the antimonopoly body requires prior notification of any acquisition of 35% or more of another company. | |
| Pre-merger | 2 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 17 allows the antimonopoly body to disallow a merger if it strengthens a dominant position. |
| Restriction of Competition | 1 | Article 17 says that the merger can be deemed invalid if it would have a significant impact on competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 16(4) prohibits restricting access to goods to drive up prices. |
| Abusive Acts | 1 | Article 16(4) lists several things that are considered abusive acts. | |
| 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 | ||
| 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
- ↑ Translated Act on Global Competition Forum website: http://www.globalcompetitionforum.org/regions/asia/Kazakhstan/Kazaki%20Com.pdf