Kazakhstan (July 7, 2006)

Score = 22

Governed by: Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities

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 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