Article 226. Antimonopoly response measures of the Entrepreneurial Code of the Republic of Kazakhstan
1. In accordance with the established powers, the antimonopoly authority has the right:
1) to provide market entities with mandatory regulations on:
termination of violation of the norms of this Code and (or) elimination of its consequences;
restoring the original position;
termination or amendment of contracts that contradict this Code;
the need to cancel transactions by terminating or invalidating them when regulating economic concentration;
2) to give state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, mandatory instructions on the cancellation or amendment of acts adopted by them, the elimination of violations, as well as the termination, cancellation or amendment of agreements and transactions concluded by them that contradict this Code, and the commission of actions aimed at ensuring competition;
3) consider cases of administrative offenses in the field of protection of competition and restriction of monopolistic activity and impose administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses;
4) to apply to the court with claims and applications, as well as to participate in the proceedings when the courts consider cases related to the application and violation of the legislation of the Republic of Kazakhstan in the field of protection of competition.
2. In case of violation of the norms of this Code, market entities, state bodies, and local executive bodies must:
1) in accordance with the instructions of the antimonopoly authority, stop the violation and eliminate its consequences, restore the original position, terminate the contract, conclude an agreement with another market entity or amend it, cancel the act recognized by the antimonopoly authority as not complying with the legislation of the Republic of Kazakhstan in the field of competition protection, perform other actions provided for by the instruction;
2) to compensate for the losses caused in accordance with the civil legislation of the Republic of Kazakhstan;
3) execute the decision of the antimonopoly authority on the imposition of an administrative penalty in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses.
3. The order must be executed within a reasonable period of time established by the antimonopoly authority.
The Antimonopoly authority monitors the execution of the issued regulations.
In case of non-fulfillment of the order, the antimonopoly authority has the right to apply to the court with a claim to compel a market entity, a state body, or a local executive body to comply with the order of the antimonopoly authority.
The footnote. Article 226 as amended by the Laws of the Republic of Kazakhstan dated 12/28/2016 No. 34-VI (effective from 01.01.2017); dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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