Kazakhstan (January 19, 2001)

Score = 22

Governed by: Law No. 144 of 19th January 2001 of the Republic of Kazakhstan Concerning Competition and Restriction of Monopolistic Activities.

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