The agency of the Republic of Kazakhstan for competition protection (ANTIMONOPOLY AGENCY)

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Message of the President of the Republic of Kazakhstan, N.A. Nazarbayev, to the people of Kazakhstan of January 28th, 2011 year
Chairman's Blog


04 november 2011 y.

The next session of the Methodical council in the Agency of Republic Kazakhstan for competition protection (Antimonopoly agency) was held.

Results of the analysis of the market of services of passenger air service are considered by regular (internal) flights in which frameworks competition level on routes was studied at session.
Competition level on internal routes is low, from total of internal aviaroutes (51 route) 76,5 % are carried out by one airline, 20 % are carried out by 2 airlines, and only on 2 routes 3 airlines fly. It is established that the greatest shares in the market belong to joint-stock company «Air Astana» and joint-stock company «SKAT Airlines».


Besides, it has been noticed that now antimonopoly departments of the CIS countries develop the project of the modeling agreement on the air communication, directed on competition development on the international routes and elimination of the restrictions established by operating intergovernmental agreements on air communication.
By results of the spent analyses is recommended by methodical council to take out on board meeting of Agency a question on modification and additions in the State register of subjects of the market occupying dominating or a monopoly position.


Along with it, at session of council results of preliminary considerations of data on antimonopoly law infringements have been considered. So, in actions IB of Mendykulova G. D signs of abusing by a leading position regarding the unreasonable termination since June of 2011 are established. On the present of realization of diesel fuel in the presence of sufficient volume for free realization of diesel fuel (subitem 7) item 1 of item 13 Law of RK «About a competition»).
Besides, signs of abusing by a leading position in actions of some the subjects of the market who are carrying out extraction and realization of coal are established. So, in joint-stock company actions «Shubarkolkomir» are established signs of application of the different prices where despite that fact that realization of coal of joint-stock company «Shubarkol komir» carries out on terms of delivery by railway transport to station Kyzylzhar of the Karagandinskaya oblast’, whence buyers carry out coal shipment at own expense, joint-stock company «Shubarkol komir» establishes the prices depending on certain conditions, including a territorial accessory of buyers, the organizational-legal form, volumes of realization, repayment terms etc. (subitem 1), 7) item 1 of item 13 Law of RK «About a competition»).


Signs of abusing by a leading position in LLC actions by "Karazhyra LTD.» (further - LLC), regarding realization of actions which have resulted are established or can lead to restriction and elimination of a competition and infringement of legitimate rights of consumers. So, LLC for 2011 realized coal by carrying out of open competition where all coal has been divided into prizes depending on volumes and from the buyer with an establishment of the different starting prices that accordingly leads to restriction of a competition and infringement of legitimate rights of consumers as the specified division hasn't allowed separate subjects of the market (both legal, and to physical persons) to take part in competition (item 13 Law of RK «About a competition»).

On all revealed facts of infringements of the antimonopoly law investigations on which results the Agency will inform additionally.

At session of Methodical council the question on modification and additions in the Agency Technique on revealing of exclusively high price, regarding distribution of norms of the given Technique on subjects of the state monopoly is considered.