LAW OF THE KYRGYZ REPUBLIC

of July 22, 2011 No. 116

About the competition

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 17, 2011

This Law determines the organizational and legal basis of protection and development of the competition and is directed to the prevention, restriction, suppression of monopolistic activities and unfair competition, and also providing conditions for creation and effective functioning of the markets of the Kyrgyz Republic.

Article 1. Antitrust law of the Kyrgyz Republic

The antitrust law of the Kyrgyz Republic (further - the antitrust law) is based on the Constitution of the Kyrgyz Republic, international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic, and consists of this Law and other regulatory legal acts of the Kyrgyz Republic.

Article 2. Law coverage

This Law acts on all territory of the Kyrgyz Republic and extends to the relations connected with protection and development of the competition in which any physical persons and legal entities, including foreign legal entities, state bodies and local government bodies participate.

Application of the antitrust law to business entities is performed equally and equally irrespective of form of business and place of registration of such business entities.

Provisions of this Law are applied to the agreements between domestic and/or foreign persons or the organizations reached outside the territory of the Kyrgyz Republic, and also to the actions made by them if such agreements or actions exert impact on competitive situation in the territory of the Kyrgyz Republic. Such violations by antimonopoly authority by the conclusion of bilateral agreements within work with the international organizations, and also other methods of interaction are considered.

Regulations of this Law do not extend to the relations settled by general competition rules in the cross-border markets, control of which observance is in competence of the Eurasian economic commission according to the legislation of the Kyrgyz Republic.

Article 2-1. State policy in the field of the competition

 The main directions of state policy in the field of the competition are developed by the Cabinet of Ministers of the Kyrgyz Republic.

Paragraph two of ceased to be valid according to the Law of the Kyrgyz Republic of 07.08.2024 No. 162

The National Bank performs anti-monopoly regulation of activities of persons, persons under surveillance to National Bank.

The Cabinet of Ministers of the Kyrgyz Republic provides information openness of the state policy pursued by it in the field of the competition, including by means of placement of data on activities of authorized bodies in mass media and the Internet.

Article 3. The basic concepts used in this Law

In this Law the following concepts are used:

ceased to be valid;

affiliate of physical person or legal entity:

- any physical person or legal entity (except for the state bodies exercising control of its activities within the powers conferred to them) which has the right directly or indirectly to determine decisions or to exert impact on the decisions made by this person, including owing to the agreement (including the verbal agreement) or other transaction, and also any physical person or legal entity concerning which this affiliate has such right;

- the affiliate of the legal entity his executive officials, the shareholder (participant) or any company owning 10 and more percent of its voting shares (deposits, shares) are also recognized (for open joint stock companies - 5 and more percent);

interchangeable goods - the group of goods which can be comparable on their functional purpose, application, quality and technical characteristics to the price and other parameters in such a way that the buyer really replaces or can replace them with each other in the course of consumption (production);

the paragraph of the seventh ceased to be valid according to the Law of the Kyrgyz Republic of 22.07.2019 No. 96;

discrimination or exclusive conditions - conditions of access to the market, conditions of production, exchange, consumption, acquisition, sale, other transfer of goods in case of which the business entity or several business entities are put in unequal position in comparison with another (others) business entity;

the competition - free competitiveness of business entities in the market when their independent actions limit possibility of each of them unilaterally to influence general terms of the goods circulation in the corresponding market and stimulate production of the goods which are required to the consumer;

the partner - the agreement party, the partner who resists to other participant of the transaction;

monopoly - the market situation determined by the exclusive right (opportunity) of production, acquisition, trade, exchange belonging to one person, group of persons or the state;

monopolistic activities - abuse of business entity, group of persons of the dominant position, the agreements or coordinated actions contradicting the antitrust law, action (failure to act) of business entities (group of persons), state bodies and local government bodies directed to non-admission, restriction or elimination of the competition;

exclusively high price - the goods price established by the business entity holding dominant position if this price exceeds the amount necessary for production and realization of such goods of expenses and profit and the price which was created in the conditions of the competition in the goods market comparable on the list of buyers or sellers of goods, conditions of the address of goods, conditions of access to the goods market, state regulation, including the taxation, customs and tariff, tariff and non-tariff regulation (further - the comparable goods market), in the presence of such market in the territory of the Kyrgyz Republic or beyond its limits. The price established by the subject of natural monopoly within the rate for such goods determined according to the legislation of the Kyrgyz Republic on natural monopolies cannot be acknowledged exclusively high;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info