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 1prohibits a dominant company from limiting access to its goods.
	Abusive Acts	1	Article 10 prohibits abuse of a dominant position.
	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