Kazakhstan (July 7, 2006): Difference between revisions
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| Limits Access | | Limits Access | ||
| 1 | | 1 | ||
| Article 10 prohibits a dominant company from limiting | | Article 10(7)prohibits a dominant company from unreasonably limiting its output. | ||
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| Line 144: | Line 144: | ||
| 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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Revision as of 16:28, 12 June 2008
Score = 22
Governed by: Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities [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 | 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 16(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 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 World Bank website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf