Kazakhstan: Overview Of The Amendments Introduced To The Kazakhstan Competition Law

Last Updated: 9 August 2016
Article by Aidyn Bikebayev and Amir Begdesenov

Overview of the amendments introduced to the Kazakhstan Competition Law by Kazakhstan Law "On Amendments to Certain Legislative Acts of the Republic of Kazakhstan Concerning Natural Monopolies and Regulated Markets" No. 312-V of 5 May 2015

Discriminatory conditions:

  • the amendments introduced new term "discriminatory conditions" meaning the conditions for access to a commodity market, production, exchange, consumption, purchase, sale and other transfer of commodities under which a market entity or a number of market entities are placed in a position of inequality in comparison with other market entity(ies); and
  • the term "discriminatory conditions" replaced the term "discriminating conditions" throughout the whole text of the Law.

Horizontal agreements:

  • the list of prohibited horizontal agreements was added with the agreements which entail or can entail the falsification of trading, auction or tender results, including the division into lots.

Anticompetitive concerted practices

  • it is explicitly stated that the set of conditions set forth in Article 11.2 of the Law must be fulfilled by all participants of concerted practices undertaken by a market entity;
  • the amendments changed the wording of one of the conditions subject to which practices may be recognized concerted as follows: actions of each of them are caused by actions of other market entities participating in concerted practices and are not the consequence of the events equally affecting all market entities in the respective commodity market.

Dominance and dominants

  • the dominance of a certain market entity is determined in accordance with the Methodology for Market Analysis and Assessment of the Competition Environment in a Commodity Market approved by antitrust authorities (the previous version of the Law referred to the Methodology of the Eurasian Economic Commission); and
  • when conducting an investigation with regard to an alleged abuse of the dominant or monopolistic position, antitrust authorities may identify the dominant or monopolistic position of a market entity in relation to which a complaint was received by analysing commodity markets, and apply antitrust response measures to such market entity for the entire period of its actual dominance.

Powers vested in antitrust authorities

  • the previous version of the Law did not explicitly require that antitrust authorities disseminate information about the enforcement of the Kazakhstan antitrust law, while the new version of the Law explicitly provides for such requirement;
  • the list of orders issued by antitrust authorities became open, while in the past it was closed;
  • the new Law provides for the right/obligation to apply to enforcement agencies for special investigation means;
  • the new Law provides for the right to circulate a caution on the impermissibility of certain action(s) which might entail violation of the Kazakhstan antitrust law (please see details below);
  • the amendments provided for the function to approve the list of goods/works/services of regulated market undertakings subject to the state regulation of prices;
  • the new Law provides for the right to determine the term of information disclosure which should be at least 5 business days; and
  • the new Law provides for the right of investigators to examine any sites, premises (except for dwelling), documents and properties of the investigation subject either independently or together with the investigation subject, its representatives or other parties engaged by antitrust authorities for such investigation.

Caution on the impermissibility of the Kazakhstan antitrust law violation

  • this is a new instrument which is intended to prevent any violation of the Kazakhstan antitrust law;
  • such caution can be the result of a public announcement made by an officer of a market entity or central/local government authorities with regard to a certain market strategy which might entail violation of the Kazakhstan antitrust law, provided that there is no reason for official investigation;
  • the decision to circulate such caution should be made by the chief executive officer of an antitrust agency within 10 business days after the date when such public announcement came to the knowledge of the antitrust agency; and
  • the caution should set forth the grounds for circulation thereof and the provisions of the Kazakhstan antitrust law which might be violated.

Market research

  • the amendments excluded the provision on the mandatory approval of the Methodology for Determination of the Commodity Substitution and Off-the-Shelf Availability Criteria, Market Boundaries, Market Research and Competition Environment Assessment depending on the specifics of commodities and Kazakhstan law regulating the respective sector of economy by antitrust authorities in consultation and coordination with the government agency regulating the respective domain of public administration (for financial institutions – in consultation and coordination with the Kazakhstan National Bank); and
  • therefore, the market research will be regulated only by the Methodology for Market Analysis and Assessment of the Competition Environment in a Commodity Market approved by antitrust authorities.

Economic concentration

  • the amendments raised the threshold for purchase of voting shares/interests/equity units by a person/group of persons from 25% to 50%, whereas the purchase of voting shares/interests/equity units will not be deemed as economic concentration when a new legal entity is established (with respect to the founders of such legal entity);
  • those transactions which are explicitly permitted by Kazakhstan laws, Presidential decrees and/or Government resolutions do not require antitrust authorities' consent to economic concentration; and
  • the time period for review of an application for economic concentration consent was reduced from 50 to 30 calendar days after the application admission date.


  • the amendments introduced the term "cartel" meaning the anticompetitive agreements or concerted practices between the market entities which compete or may compete in one commodity market set forth in Article 10.1 and Article 11.1 of the Law;
  • cartel investigations may be performed without any prior notice to investigation subjects (cartel members), meaning that they will not be delivered a copy of the order to initiate the investigation 3 days in advance;
  • the amendments regarding the investigation of an abuse of the dominant or monopolistic position are described above;
  • certain provisions were brought into line with legislation (e.g. the obligation to issue the findings of a preliminary investigation of violation was abolished); and
  • an investigation may be suspended when antitrust authorities decide to perform market research.

Administrative liability for anticompetitive agreements or anticompetitive concerted practices

  • now those market entities which render assistance to antitrust authorities and voluntarily compensate customers for losses are exempt from any administrative liability, i.e. administrative penalties and forfeiture of monopolistic proceeds (Note: this amendment was introduced to Kazakhstan Code of Adminsitrative Offences No. 235-V of 5 July 2014).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.