Antitrust regulation by OECD standards in Kazakhstan

Economic Annals-ХХI: Volume 171, Issue 5-6(1), Pages: 15-18

Citation information:
Akhmet, S. (2018). Antitrust regulation by OECD standards in Kazakhstan. Economic Annals-XXI, 171(5-6), 15-18. doi: https://doi.org/10.21003/ea.V171-02


Sultan Akhmet
PhD Student (Economics),
Academy of Public Administration under the President of the Republic of Kazakhstan;
Head of the Methodology Division,
Committee on Regulation of Natural Monopolies,
Protection of Competition and Consumer Rights under the Ministry of National Economy of the Republic of Kazakhstan
8 Mangilik El Ave., Astana, 010016, The Republic of Kazakhstan
Sultan.akhmet@mail.ru
ORCID ID: https://orcid.org/0000-0002-4204-6328

Antitrust regulation by OECD standards in Kazakhstan

Abstract. The article deals with issues and challenges related to the antitrust regulation in the Republic of Kazakhstan. The Government has set ambitious tasks for itself to be counted among developed countries with a stable level of economic development. Given market conditions, effective economic development depends on the level of competition within the country. In this regard, a large-scale reform of Kazakhstan’s antimonopoly policy has been carried out in order to bring it in line with the best global practices, following the recommendations of the OECD and the World Bank. The main goal of this reform is to increase the effectiveness of antimonopoly legislation with the aim of facilitating business in an atmosphere of healthy competition. This is why the author focuses on the analysis of the reforms carried out in 2015-2016.

The present research enables us to analyse the positive and the negative sides of the implemented reform of the antitrust regulation in the Republic of Kazakhstan. It can be seen from this research that the abolition of state registry of dominant players has lead to more than 1,150 market entities being free from the burden. Additionally, the introduction of cautioning and notification institutions has allowed more than hundred firms to escape from the investigations. Furthermore, the introduction collegiate body reduced the burden of labour on both the judicial system and economic actors. As a result of focusing on struggle against cartels, five cartels were identified in 2016 and 2017. It is concluded that the reform has positively impacted the business environment. However, several problems have been identified which should be solved in the future. The results of the research can be useful for developing countries that focus on the improvement of antitrust regulation.

Keywords: Antitrust Legislation; Antitrust Regulation; Antitrust Authority; Dominant Position; Fixed Prices; Investigation; Cartel; Merger

JEL Classification: L4; K21

DOI: https://doi.org/10.21003/ea.V171-02

References

  1. Hovenkamp, H., Ben, V., & Willie, D. (2016). Federal antitrust policy: the law of competition and its practice. St. Paul, MN: West Academia Publishing.
  2. Sullivan, E. T., Harrison, L. J., & O’Connell, C. S. (Eds.). (2014). Understanding antitrust and its economic implications (6th edition). New Providence, N.J.: LexisNexis.
  3. Moriati, P. (Ed.). (2006). Antitrust policy issues. New York: Nova Science Publisher.
  4. Utton, M. A. (2003). Market dominance and antitrust policy. Northampton, MA: E. Elgar.
  5. Colino, S. M. (Ed.). (2012). Cartels and anti-competitive agreements. England: Burlington: Ashgate.
  6. Evenett, S. J., & Stem, R. M. (Eds). (2011). Systemic implications of transatlantic regulatory cooperation and competition. Singapore: Hackensack, N.J.: World scientific.
  7. Rodriguez, A. E., & Menon, A. (2016). The causes of competition agency ineffectiveness in developing countries. Law and Contemporary Problems, 79, 37-67.
    Retrieved from https://scholarship.law.duke.edu/lcp/vol79/iss4/2
  8. Afrika, S.-L., & Bachmann, S.-D. (2011). Cartel regulation in three emerging BRICS economies: cartels and competition policies in South Afrika, Brazil, and India – a comparative overview. The International Lawyer, 45(4), 975-1003.
    Retrieved from https://www.jstor.org/stable/23827260
  9. Fox, E. M. (2016). Competition policy: The comparative advantage of developing countries. Law and Contemporary Problems, 79, 69-84.
    Retrieved from https://scholarship.law.duke.edu/lcp/vol79/iss4/3
  10. Michaels, R. (2016). Supplanting foreign antitrust. Law and Contemporary Problems, 79, 223-247.
    Retrieved from https://scholarship.law.duke.edu/lcp/vol79/iss4/8
  11. Aitzhanov, A. T. (2012, May 29). Local competition bodies and antimonopoly policy effectiveness in transition economies. CPI Antitrust Chronicle, 2, 1-5.
    Retrieved from https://www.competitionpolicyinternational.com/assets/Uploads/AitzhanovMAY-122.pdf
  12. Aitzhanov, A. T., Kniazova, I. V., & Radostovec, N. V. (Eds.) (2015). Competition law of the Republic of Kazakhstan. Astana: Center for Competition Policy Development and Protection (in Russ.).
  13. Committee on Regulation of Natural Monopolies, Protection of Competition and Consumer Rights under the Ministry of National Economy of the Republic of Kazakhstan (2015). The Methodology for analyzing and assessing the state of the competitive environment in the commodity market. Official web-site.
    Retrieved from http://adilet.zan.kz/rus/docs/V1500010731#z8 (in Russ.)
  14. Organisation for Economic Co-operation and Development (2016). Competition law and policy in Kazakhstan, a peer review.
    Retrieved from https://www.oecd.org/daf/competition/OECD2016_Kazakhstan_Peer_Review_ENG.pdf
  15. Organisation for Economic Co-operation and Development (2018). Annual Report on Competition Policy Developments in Kazakhstan – 2017.
    Retrieved from https://one.oecd.org/document/DAF/COMP/AR(2018)23/en/pdf
  16. World Bank (2014). Component 1. Kazakhstan: Report to discuss the basics of competition policy.
    Retrieved from http://www.kremzk.gov.kz/details/ndownload.php?fn=7601&lang=rus (in Russ.)
  17. Dosayev, E. A. (2016). From January 1, 2017 in Kazakhstan, the register of dominants of natural monopolies will be abolished. Official web-site.
    Retrieved from https://www.zakon.kz/4783548-s-1-janvarja-2017-goda-v-kazakhstane.html (in Russ.)
  18. Aitzhanov, A. T. (Ed.). (2016). Scientific and practical commentary on the entrepreneurial code. Astana: Center for Competition Policy Development and Protection (in Russ.).
  19. Committee on Regulation of Natural Monopolies, Protection of Competition and Consumer Rights under the Ministry of National Economy of the ­Republic of Kazakhstan (2016, June 23). For 180 days, temporary price regulation is introduced in the liquefied gas market in Mangistau region.
    Retrieved from http://www.kremzk.gov.kz/rus/menu1/press-centr/novosti/?rid=29883&cid=0 (in Russ.)
  20. Committee on Regulation of Natural Monopolies, Protection of Competition and Consumer Rights under the Ministry of National Economy of the Republic of Kazakhstan (2015). The position and the rules of the conciliation commission. Official web-site.
    Retrieved from http://adilet.zan.kz/rus/docs/V1500012593 (in Russ.)
  21. Committee on Regulation of Natural Monopolies, Protection of Competition and Consumer Rights under the Ministry of National Economy of the Republic of Kazakhstan (2017). Regarding administrative fines imposed by the Cartel Control Authority. Official web-site.
    Retrieved from http://www.kremzk.gov.kz/rus/menu2/stat_info/po_konkurencii/adm_vzyskaniya/?cid=0&rid=38661 (in Russ.)

Received 20.06.2018