Senior Partner Aidyn Bikebayev and Senior Associate Amir Begdesenov participate in a Workshop Devoted to the Issues of the Kazakhstan Competition Law Implementation in 2013
On 5-6 April 2013, the Almaty Business Center Ordabasy hosted a workshop devoted to the issues of the Kazakhstan Competition Law implementation in 2013, antitrust investigation, economic concentration and anticompetitive practices and agreements. The workshop was organised by NURIKON Specialised Professional Development Center.
Aidyn Bikebayev, Senior Partner of Sayat Zholshy & Partners, made a presentation as a business coach together with his colleagues from the Kazakhstan Agency for Protection of Competition Mr. Sabit Akhmetov (Director of the Legal Service) and Ms. Yelena Dobrian (Deputy Director of the Investigation Department).
The workshop was conducted in the format of discussion where coaches raised such vital issues as:
1) the right of companies to perform activities by a group of persons where one of the group members acts as a producer and the other acts as a seller;
2) preliminary investigation of information on antitrust offence;
3) market analysis by antitrust authorities and recording of the data from group companies’ consolidated financial statements;
4) pricing strategy analysis; production prices established by the producer on the basis of ultimate prices considering selling expenses set by the seller;
5) decision-making with regard to the imposition of administrative penalties and seizure of monopolistic revenues, as well as the computation of administrative penalties and monopolistic revenues;
6) how to obtain a prior consent of the Kazakhstan Agency for Protection of Competition for incorporation of a company in Kazakhstan and abroad;
7) consideration of applications from direct investment funds and necessary disclosure of the parent’s group of persons;
8) how to obtain a consent of antitrust authorities for the transactions set forth in Article 50.3 of the Law;
9) aggregate book value of assets of the Buyer (group of persons) and the Seller’s groups when shares (interests or corporate stocks) are purchased;
10) stay of action; the Buyer’s requests;
11) identification of market boundaries within the Common Economic Space;
12) necessary abolishment of the Herfindahl-Hirschman Index of market concentration; and
13) evaluation of competition environment in a commodity market.