Article 90-6. Competence of the Antimonopoly authority of the Entrepreneurial Code of the Republic of Kazakhstan

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Antimonopoly Authority:

1) implements the state policy in the field of protection of competition and restriction of monopolistic activity;

2) carries out intersectoral coordination of state bodies and other organizations in the field of competition protection and restriction of monopolistic activity;

3) carries out international cooperation on issues of protection of competition and restriction of monopolistic activity;

4) carries out state control over compliance with the legislation of the Republic of Kazakhstan in the field of protection of competition and commodity exchanges;

5) suppresses acts, actions (inaction) of state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities aimed at limiting and (or) eliminating competition;

6) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

6-1) considers applications for consent to economic concentration;

7) prevents and eliminates abuses of a dominant or monopolistic position in the relevant commodity market, with the exception of violations provided for by the legislation of the Republic of Kazakhstan on natural monopolies;

7-1) develops and approves rules for the provision of compulsory services by subjects of natural monopolies and the quasi-public sector in the framework of competition protection and restriction of monopolistic activity;

8) prevents and suppresses anticompetitive agreements and coordinated actions of market participants, unfair competition;

9) coordinates regulatory legal acts in the field of protection of competition, restriction of monopolistic activity and functioning of commodity markets;

10) carries out dissemination of information on the application of the norms of the legislation of the Republic of Kazakhstan in the field of competition protection and promotion of fair competition;

11) carries out an analysis of the state of competition in the commodity markets;

12) analyzes and monitors the activities of market entities that occupy a dominant or monopolistic position in the relevant commodity market;

13) Excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 No. 101-VII (effective sixty calendar days after the date of its first official publication).

14) develops and approves a methodology for analyzing socially significant markets;

15) develops and approves methods for conducting a survey of commodity markets in which state-owned enterprises and legal entities will be established, more than fifty percent of the shares (shares in the authorized capital) of which belong to the state, and legal entities affiliated with them and (or) they carry out additional activities in relation to state-owned enterprises and legal entities, more than fifty percent of the shares (participation shares in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan, and affiliated legal entities – in agreement with the National Bank of the Republic of Kazakhstan;

16) develops and approves a methodology for assessing economic concentration in commodity markets;

17) develops and approves a methodology for assessing economic concentration in financial markets in coordination with the authorized body for regulation, control and supervision of the financial market and financial organizations;

18) identifies a monopolistically high (low), monopsonically low price set by a market entity in a dominant or monopolistic position;

19) approves methods for identifying monopolistically high (low) and monopsonally low prices;

20) conducts investigations into violations of the legislation of the Republic of Kazakhstan in the field of competition protection by market entities, state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, in accordance with the procedure established by this Code;

20-1) develops and approves rules for monitoring the activities of state-owned enterprises, legal entities with more than fifty percent of shares (stakes in the authorized capital) owned by the state, and persons affiliated with them in order to obtain the consent of the antimonopoly authority when creating, expanding and (or) changing the types of activities carried out, as well as the implementation of exclusively those types activities for which the consent of the antimonopoly authority has been obtained;

20-2) Monitors the activities of state-owned enterprises, legal entities with more than fifty percent of shares (stakes in the authorized capital) owned by the state, and persons affiliated with them in order to obtain the consent of the antimonopoly authority when creating, expanding and (or) changing the types of activities carried out, as well as carrying out exclusively those types of activities for which consent has been obtained. the Antimonopoly authority;

21) requests and receives, in accordance with the procedure established by the laws of the Republic of Kazakhstan, from state bodies, including the authorized body in the field of state statistics, state revenue bodies, market entities, as well as officials and other individuals and legal entities, information necessary for the exercise of powers provided for in this Code, including information constituting commercial and other legally protected secrets, with the exception of banking secrets, insurance secrets, and commercial secrets on the securities market;

22) issues binding regulations to market entities on:

termination of violations of the norms of this Code and (or) elimination of their 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;

concluding an agreement with another market entity in the event that the violation is an unjustified refusal or evasion from concluding an agreement with certain sellers (suppliers) or buyers.;

23) submits mandatory instructions to state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities on the cancellation or amendment of acts adopted by them, elimination of violations, as well as termination, cancellation or amendment of agreements and transactions concluded by them that contradict this Code, and actions aimed at ensuring competition;

24) considers cases of administrative offenses and imposes administrative penalties in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses, participates in the court to consider cases of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition;

25) sends materials to law enforcement agencies for conducting a pre-trial investigation on the grounds of criminal offenses related to violations of the legislation of the Republic of Kazakhstan in the field of competition protection;

26) annually, no later than June 1, it sends to the President of the Republic of Kazakhstan and the Prime Minister of the Republic of Kazakhstan an annual report on the state of competition in certain commodity markets and the measures taken to limit monopolistic activity, and also posts it on its Internet resource;

27) annually, no later than January 5 of the year following the reporting year, sends to the Government of the Republic of Kazakhstan proposals for the transfer to a competitive environment of state-owned enterprises, legal entities, more than fifty percent of shares (shares in the authorized capital) owned by the state, and affiliated legal entities, and proposals for updating the list of activities, carried out by state-owned enterprises, legal entities, more than fifty percent of shares (participation shares in the authorized capital) of which belong to the state, and their affiliated legal entities;

28) ensures the information transparency of the state policy in the field of protection of competition and restriction of monopolistic activities, including quarterly, no later than the fifteenth day of the month following the reporting one, publishes information about its activities in the mass media, including on its Internet resource;

29) conducts an expert examination of the prices of goods produced and (or) sold by a state monopoly entity with a special right;

30) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, applies to law enforcement agencies for operational search measures.;

31) sends a written warning to an official of a market entity, a state, local executive body, or an organization endowed by the state with the functions of regulating the activities of market entities about the inadmissibility of committing an action (inaction) that may lead to a violation of the legislation of the Republic of Kazakhstan in the field of competition protection;

32) publishes on its Internet resource an analysis of the state of competition in commodity markets, with the exception of information containing state secrets and other legally protected secrets.;

33) sends to market entities, state, local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, a notification of the presence in the actions (inaction) of a market entity, state, local executive body, organization endowed by the state with the functions of regulating the activities of market entities, signs of violation of the legislation of the Republic of Kazakhstan in the field of protection of competition;

34) provides an official explanation of regulatory legal acts in the field of competition protection adopted by the antimonopoly authority;

35) develops and approves rules for reviewing draft agreements of market entities for compliance or non-compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection;

36) develops and approves standard external acts of antimonopoly compliance for market entities;

37) establishes the compliance of the external act of antimonopoly compliance sent by the market entity (market entities) with the norms of the legislation of the Republic of Kazakhstan in the field of competition protection;

38) publishes on its Internet resource information on the results of investigations of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, decisions of the antimonopoly authority;

39) files lawsuits in court for the termination, amendment of contracts and (or) invalidation of transactions that contradict this Code;

39-1) Is excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 No. 101-VII (effective sixty calendar days after the date of its first official publication).

39-2) develops and approves the procedure for monitoring prices on commodity markets in order to identify signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection ;

39-3) monitors prices on commodity markets in order to identify signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection ;

39-4) monitors the activities of persons providing state support measures for compliance with the requirements provided for in Article 194 of this Code, with the exception of the activities of government agencies and legal entities to implement a set of anti-crisis measures to support the economy, stimulate business activity and employment, initiated on behalf of the President of the Republic of Kazakhstan;

39-5) coordinates, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, the business plan for the republican public-private partnership project, the investment proposal of the republican state investment project, the tender (auction) documentation of the republican public-private partnership project, including when amendments and (or) additions are made to them in the part related to protection of competition and restriction of monopolistic activity, on projects, providing for the provision of public functions by private partners;

40) exercise other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

The footnote. Article 90-6 as amended by the Laws of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (for the procedure of entry into force, see Article 2); dated 07/03/2019 No. 262-VI (effective from 01/01/2020); dated 10/28/2019 No. 268-VI (effective ten calendar days after the date of its first official publication); dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication); dated 01/3/2022 No. 101-VII (for the procedure of entry into force, see art. 2); dated 12/30/2022 No. 177-VII (effective ten calendar days after the date of its first official publication).

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