What Developments Can We Expect In The Area Of Antimonopoly Legislation In The Near Future?

One of the steps of "The Nation's Plan - 100 Specific Steps to Implement Five Institutional Reforms" is to change the concept of the activity of the antimonopoly service of the Republic of Kazakhstan (the RK) and to bring it into conformity with the standards of the Organization for Economic Co-operation and Development (OECD). Within the implementation of the Plan, a 2-stage approach to the change of the concept of the activity of the antimonopoly service, antimonopoly legislation and bringing it into conformity with the standards of the OECD is planned.

At the first stage it was planned to develop proposals on amendments to RK Laws and draft the Entrepreneurial Code (hereinafter, the RK EC). At the second stage further amendments to the RK antimonopoly legislation are proposed. According to the RK Draft Law On Amendments to Some Legislative Acts of the Republic of Kazakhstan on Issues of Competition, the following is planned to:

Include in the RK EC a separate chapter regulating the procedure for the activity of the antimonopoly body. For example, according to the OECD standards, the antimonopoly body must act independently. Therefore, one of the main ways to provide for the independence of the antimonopoly body is the stability of officials' term of office. The latter would allow building antimonopoly practice in Kazakhstan. Increase the time for investigating the facts of violations to the antimonopoly legislation. At the same time, it is proposed to reduce the time for the approval of investigation reports, which is done by an order of the antimonopoly body. Change the approach to the calculation of the aggregate share of market participants in the commodity market, which must not exceed twenty percent, in the analysis of exemptions applicable to vertical agreements. It has more than once been noted that it is difficult to calculate the aggregate share of the buyer and the seller, as these markets are separate. Expressly establish that anti-competitive agreements may be executed/reached in writing and/or verbally. Provide for the right of individuals or legal entities, the actions of which are being investigated, to apply to the antimonopoly body seeking review and discussion by the conciliation commission of the draft investigation report on violations of the law and increase the minimum period for presenting such draft investigation reports for review by the conciliation commission. Increase the number of the constituent elements of...