July 22, 2011, No 116
This Law defines the institutional and legal framework for the protection and development of the competition and aims at prevention, control, suppression of monopolistic activity and unfair competition, as well as the conditions for the establishment and effective functioning of the Kyrgyz Republic.
Article 1. Antimonopoly (antitrust) legislation of the Kyrgyz Republic
Antimonopoly legislation of the Kyrgyz Republic (hereinafter referred to as the Antimonopoly Law) is based on the Constitution of the Kyrgyz Republic, international treaties to with membership of the Kyrgyz Republic, and consists of this Law and other normative legal acts of the Kyrgyz Republic.
Article 2. The scope of the Law
This Law is effective on all the territory of the Kyrgyz Republic and covers the relations related to the protection and development of competition involving any physical and legal entities, state bodies and local government
Article 3. The basic concepts used in this Law
In this Law the following definitions are used: anticompetitive agreements (concerted action)-an agreement in writing, the information contained in the document or multiple documents, as well as the agreement orally, evidence of which can be an economic analysis of changes situation in the market - affiliated person of private customer or legal entity:
- any natural or juridical person (except state bodies exercising control over its activity in the framework of their powers) who has the right to directly or indirectly determine the decisions or to influence that person solutions including whether in contract (including an oral agreement) or other transaction, and any physical or legal person, in respect of which it has the right to affiliate;
-an affiliated person of the legal entity may also be recognized its executive officers, the shareholder (participant) or any company holding 10 and more percent of its voting shares ((deposits, shares) (for open joint stock companies - 5% or more);
- fungible goods - goods that can be comparable by their functional purpose, application, qualitative and technical characteristics, price and other parameters so that the buyer really replaces or can substitute each other in the process of consumption (production);
- a dominant position is a position of economic entity (group of persons) or several economic entities (groups of persons) on the market of a certain commodity, giving such economic
entity (group of persons) or in such economic entities (groups of entities) the opportunity to have a decisive influence on the General conditions of circulation of goods in the relevant market and (or) to eliminate from this market for other economic entities and (or) to impede the access to this market for other economic entities
- discriminatory and exceptional conditions - conditions of access to market, conditions of manufacture, trade, consumption, purchasing, selling, bailment, at which an entity or several economic entities placed at a disadvantage compared with other (other) businesses;
- business competition- free emulation between economic entities on the market, when they limit the ability of independent actions of each of them to unilaterally affect the general conditions of circulation of commodities and stimulate the manufacture of goods, customers need;
- Contracting party- is a contractor, partner who is opposed to another party to the transaction;
- Monopoly- state-of-market, certain exclusive rights (the possibility of) production, purchase, trade, exchange, owned by one person, group of persons or the State;
- Monopolistic agency- abuse of a business entity, a group of persons of a dominant position, covenant, or concerted action contrary to antitrust Law, actions (negligence) of economic entities (groups of persons), state structure and local government, aimed at the prevention, limitation or removal of business competition;
- Monopoly dearness - commodity price, fixed by an economic entity occupying a dominant position on the market, to compensate for unreasonable costs caused by underutilization of manufacturing capacity, and (or) of high returns, than it can be in the comparable conditions or business competition;
- Monopoly low- price of purchased goods, fixed by an economic entity occupying a dominant state on the market as a buyer (consumer) in order to acquisition extra profit and (or) compensation baseless costs paid by the seller, or the commodity price, deliberately installed an economic entity in the market as a seller on detrimental from the sale of this product, the result of the establishment which is or may be a RESTRICTIVE TRADE PRACTICE, freezing out business competitors from the market;
- unfair competition - all aimed at obtaining an advantage in the business activities of entities that are contradict to the legislation of the Kyrgyz Republic, business customs, claim of good faith,prudence, fairnessand may inflict a loss or have inflictеd losses to other economic entities - competitors or to damage their business character;
- signs of restricting competition- contraction the number of economic entities not included in the same group of persons on the market, the cost increase or decrease not related appropriated changes to other General conditions of circulation of goods on the market; the waiver of economic entities not included in the same group of persons from independent action in the market; the definition of the General conditions of circulation of goods on the market by agreement between economic entities or in accordance with obligatory for fulfillment of the instructions of another person or as a result of the coordination of economic entities that are not members of the same group of persons of their actions on the market; as well as other circumstances that create the opportunity for a business entity or several economic entities unilaterally to affect the General conditions of circulation of goods on the market;
- regional goods market - the area of the circulation of commodities (works, services) in territory of region or its part, defined proceeding from an economic chance of the buyer to purchase the goods in appropriating territory or its part and absence of this possibility over its scope;
- Republican goods market - the sphere of circulation of the commodities (works, services) on the territory of the Kyrgyz Republic;
- market (goods market) - sphere of circulation of commodities, works and services;
- market force - is the action (inaction) of a business entity and/or group of individuals on the market, leading to restriction of competition and/or major modification in the market;
- systematic realization of monopolistic business implementation of the economic entity monopolistic activities identified in stated with legislation of the Kyrgyz Republic more than two times during one year;
- Goods – objects of civil rights (including work, service), which are designed for sale, trade or for other turnover;
- authorized body - state antimonopoly body conducting state policy on progress of competition and restriction, preclusion of monopolistic activity and unfair competition;
- economic entities - commercial organizations, their associations (unions, associations), private entreprises;
- economic concentration - transactions or other activities of an economic entity, which has an impact on the state of competition.
Article 4. The dominant position
The dominant position of an economic entity on the market may be recognized at one of the following conditions:
1) the segment of economic entity on a certain market is 35 percent or higher;
2) the fraction of the entity exceeds the limiting value of domination established by the state antimonopoly body, in cases of revealing of abuse by position of economic entities in the market;
3) an entity has a market power (authority), can have a significant impact on the market (demand, supply, prices, the behavior of market participants and so on);
4) total domination over three economic entities, each with a stake of more than the share of other actors on the market or in aggregate exceeds 50 percent, or the aggregate share of not more than five business entities, each with a stake of more shares of other business entities in the relevant market;
5) for a long period (for a period of not less than one year or, if such period is less than one year, during the period of existence of the relevant market, the relative sizes of the shares of economic entities unchanged or subject to minor changes, and access to the market of new competitors is difficult;
6) implemented or purchased economic subjects, the goods can not be replaced by other goods consumption (including consumption for production purposes), information about the price, conditions of sale or purchase of this product in the relevant market available certain circle of persons.
Article 5. The group of persons
- A group of persons are:
1) economic entities and natural person or legal entity if such individual or such legal entity has the effect of participation in this business entity or in accordance with powers received from other persons, more than 50 percent of the total number of votes falling at the voting stocks (shares) in the Charter capital of this business entity;
2) economic entities, in which the same person or the same legal entity has the effect of their participation in these entities, or in accordance with powers received from other persons, more than 50 percent of the total number of votes falling at the voting stocks (shares) in the Charter capital of each of these economic entities;
3) economic entity and an individual or a legal entity if such individual or such legal entity carries out functions of the sole Executive body of the entity;
4) economic entities, in which the same person or the same legal entity performs the functions of the sole executive body;
5) economic entity and an individual or a legal entity if such individual or such legal entity on the basis of constituent documents of this economic entity or a prisoner with this economic entity of the contract may provide that an economic entity binding instructions;
6) economic entities, in which the same person or the same legal entity on the basis of constituent documents of such entities or prisoners with these economic entities contracts is entitled to give these economic entity binding instructions;
7) an economic entity and an individual or a legal entity if, at the suggestion of such individual or such legal entity appointed or elected as the sole Executive body of the entity;
8) economic entities, sole Executive body which appointed or elected at the suggestion of the same natural person or of the same legal entity;
9) economic entity and an individual or a legal entity if, at the suggestion of such individual or such legal entity are elected by more than 50 percent of the quantitative composition of the collegial Executive body or Board of Directors (Supervisory Board) of the economic entity;
10) entities in which more than 50 percent of the quantitative composition of the collegial executive body and (or) the Board of Directors (Supervisory Board) elected at the suggestion of the same individual or the same entity;
11) entities in which more than 50 percent of the quantitative composition of the collegial executive body and (or) the Board of Directors (Supervisory Board) make the same individuals;
12) persons who are members of the same financial and industrial group;
13) a natural person, his or her spouse, parents (including adoptive parents), children (including adopted children), full and half brothers and sisters;
14) persons, each of which on any ground stated in paragraphs 1-13 of the real base is included in the group with one and the same person, as well as other persons belonging to each of such persons in the same group on any specified in paragraphs 1-13 of this part of the base.
Defined by this Law prohibitions against actions (inaction) of a business entity, business entities subject to the actions (inaction) of a group of persons.
Article 6.Abuse by dominant position
The actions of an economic entity (group of persons), a dominant position, which have or may have the effect of restricting competition and (or) infringing the interests of other economic entities or individuals, including actions such as:
1) the creation of obstacles to access to the market for other economic entities;
2) the withdrawal of goods from circulation, the purpose or result of which is the creation and / or maintenance of deficit on the market or price increases;
4) the combined prevailing of more than three managing subjects, stake of each of that more stake of other subjects at this market and in totality exceeds 50 percents, or combined stake of no more than five managing subjects, stake of each of that anymore stakes of other managing subjects at the corresponding market;
5) imposing to the contractor (to the consumer) of terms obligating to conclude a treaty only with a certain producer or customer;
6) consent to conclude a treaty only on condition of bringing in him positions, touching commodities in that a contractor or consumer is not interested;
7) missequencing of pricing, including establishment, maintenance monopolistic of high (subzero) prices;
8) economically or technologically not reasonable reduction or stopping of producing goods, if on this commodity there is demand or the orders are placed on his deliveries at presence of possibility of his cost-effective production, and also, if such reduction or such stopping of producing goods is direct not envisaged the normative legal acts of Kyrgyz Republic or judicial acts;
9) groundless abandonment from implementation of conditions of the agreement, unconnected with force-majeure circumstances;
10) economically or technologically not reasonable abandonment or avoiding the conclusion of treaty with separate customers (by customers) in case of presence of manufacturability or supplying with a corresponding commodity, and also in case if such refuse or such deviation straight is not envisaged by the normative legal acts of Kyrgyz Republic or judicial acts;
11) conspiracy for limitation of competition, evidence of that the economic analysis of situation can serve as;
12) creation of discriminatory or exceptional terms;
13) economically, technologically and by another character not reasonable establishment of different prices (tariffs) on a the same commodity, if another is not set by the legislation of KyrgyzRepublic.
Article 7. Anti competition agreements (concerted actions) between business entities restricting competition
- Any form of anti competitive agreements (concerted actions) of economic entities competing economic entities, if such agreements (concerted actions) have or may have as their result the restriction of competition, including agreements (concerted actions) are prohibited and recognized as invalid fully partially,aimed at;
1) to establish (maintenance) of prices (tariffs), discounts, bonuses (bonuses), charges;
2) to increase, decrease or maintenance of prices at the same level in the market;
3) on the division of the market according to a territorial principle, in terms of sales or purchases, the range of goods, by type of services or in a circle of sellers or buyers (customers);
4) to limit access to the market or eliminating from it of other economic entities as sellers of certain goods or their buyers (customers);
5) for approval of production with the purpose of artificial change in the volume of proposals;
6) unjustified refusal to conclude the contract with certain sellers or buyers (customers);
7) on the establishment of price discrimination;
8) on the artificial increase (decrease) of commodity prices, leading to restriction of competition;
9) on the unjustified reduction or termination of goods delivery on non-objective reasons;
10) on the establishment of a standard contract conditions that put consumers at a disadvantage or limit the freedom of choice of products and businesses that produce these goods, or stipulate provisions which are not related to the subject matter of the contract;
11) at the representation of individual economic entities the possibility of acquiring a significant share of the goods in conditions of limited supply.
2. Prohibited and recognized as invalid fully or partially achieved in any form of anticompetitive agreements (concerted actions) non-competing economic entities
1) imposing conditions are not favorable to the company;
2) exclusive driving the purchase of any goods only from this seller, but not its competitors;
3) limiting the territory or the number of customers;
4) setting price limits to resell the goods, purchased by the buyer;
5) prohibiting the sale of goods produced by competitors.
3. In exceptional cases, anticompetitive agreements (concerted actions) of economic entities referred to in paragraphs 1 and 2 of the part 2 present articles, can be declared the competition authority is legitimate, if an economic entity proves that the positive effects than negative consequences of agreements (concerted actions), and if the result is or could be:
1) improvement of production, the goods, or the promotion of technical, economic progress or increase the competitiveness of goods on the world market;
2) the receipt by the buyers of advantages (benefits), commensurate with the advantages (benefits)obtained by economic entities as a result of actions (inaction)of agreements and concerted actions, deals.
4. However, the Antimonopoly body in accordance with established procedure provides for mandatory conditions to ensure competition, to be contained in anticompetitive agreements (concerted actions).
Article 8. Unfair competition
1. Unfair competition shall not be allowed, including:
1) the unauthorized copying of the goods of another business entity, as well as forms of packing, and external design, with the exception of those goods, the appearance of which is due to their technical function;
2) direct reconstruction of products of another business entity through infringement of his patent-license rights;
3) the unlawful use of another's trademark service mark, appellation of origin of goods, trade names, trade marks, can lead to confusion with activities of another economic entity;
4) dissemination of false and distorted information about the business reputation and financial position of another business entity, which may cause losses or damage its business reputation;
5) the manufacture, sale and other introduction of products of other economic entities into the market by violating his rights to results of intellectual activity and equated to them means of individualization of participants of civil turnover, goods, works and services (misuse);
6) disclosure of distorted data about scientific-technical and industrial potential of a competitor;
7) deliberate disturbance, disruption and termination of illegal means of business relations of a competitor;
8) the impact of illegal funds on employees of competitor to incline them to neglect their duties;
9) illegal receipt, use and disclosure of information about scientific-technical, industrial or commercial activities of the entity, including its commercial secrets;
10) the agreements (coordinated actions) limiting the competition;
11) rendering influence by illegal funds for acceptance and execution of economic decisions of the competitor for the purpose of receiving an unreasonable superiority over it;
12) unreasonable appeals (addresses) to other subjects of the market for the purpose of cancellation of business connections of the competitor or hindrance to establishment of such communications;
13) distribution of any data which can mislead consumers concerning an origin, a way of production, suitability to use, quality and other properties of goods of the economic entities, the identity of the businessman or the characteristic of his economic activity;
14) goods supply by an inappropriate distinctive sign with the purpose of introduction of the consumer in delusion of rather consumer and other important properties of goods;
15) suppression of discrepancy of goods to the appointment or requirements imposed to it;
16) deliberate implementation of bulk selling of a certain type of goods in the relevant market for the purpose of a manipulation the prices, or infringes on interests of consumers in cases when it is directed on restriction of the competition.
2 . The unfair competition connected with acquisition and use of an exclusive right of participants of a civil turn of goods, works and services isn't allowed.
3 . The order of consideration of business concerning manifestation of unfair competition by economic entities and decision-making is established by the Government of the KyrgyzRepublic.
Article 9. Acts and actions (inaction) of state authority and the local governments, directed on prevention, restriction or elimination of the competition by the Government of the Kyrgyz Republic.
1 . State authority and local governments are forbidden to adopt acts and (or) to make actions which limit independence of economic entities, create discriminating or favorable conditions for activity of certain economic entities, if such acts and (or) actions bring or can lead to prevention, restriction or elimination of the competition and (or) infringement of interests of economic entities and (or) natural persons, including:
1) introduction of a ban or restrictions on creation of new economic entities in any field of activity, and also establishment of a ban on implementation of separate kinds of activity, including trade and (or) purchasing or productions of separate types of goods, except for the cases provided by laws of the Kyrgyz Republic;
2) unreasonable preventing to implementation of activity of economic entities in any field of activity;
3) investment of economic entities with the powers leading to restriction of the competition;
4) establishment of an unreasonable ban or restrictions on production movement between regions of the KyrgyzRepublic;
5) the creation of economic entities causing acquisition by them of a dominant position in the market, except for the cases provided by the legislation of the Kyrgyz Republic;
6) unreasonable granting to certain economic entities of the privileges putting them in primary situation in relation to other subjects of the same market;
7) establishment of unreasonable restrictions on foreign economic activity of economic entities;
8) directing to the economic entities about the priority conclusion of contracts, prime delivery of goods to a certain circle of consumers, except for the cases established by the legislation of the KyrgyzRepublic;
9) preventing to formation of parallel structures on distribution, preparation and sale of goods;
10) establishment of unreasonable barriers before development of new production and technologies if it contradicts the legislation of the KyrgyzRepublic;
11) establishment of other exclusive or discriminating conditions for activity of certain economic entities if such conditions limit the competition.
2. Such antimonopoly authority of the agreement of government body with other government body or with the economic entities which have or can have essential restriction are forbidden and admit as invalid.
3. Investment of government bodies and local governments by the powers which implementation has (can have) the result prevention, restriction or competition elimination, and also education by government bodies and local governments of structural divisions and economic entities for the purpose of monopolization of rendering services, productions and (or) is forbidden to realization of goods.
4. Combination of functions of government bodies and local governments with functions of economic entities, and also investment of economic entities with functions and the rights of government bodies and local governments, except for the cases provided by laws of the KyrgyzRepublic is forbidden.
5. The Government of the Kyrgyz Republic has the right to enter a state regulation of retail prices for socially significant goods for protection of the rights of consumers and competition development for term no more than 90 calendar days.
State regulation of retail prices is entered on condition of a rise in prices for 20 and more percent within a month.
The list of socially significant goods and order of state regulation of the prices are established by the Government of the KyrgyzRepublic.
Article 10. Antimonopoly requirements to purchases of goods
1 . When purchases actions are carried out, which bring forbidden or can lead to prevention, restriction or competition elimination, including:
1) coordination by organizers of purchases or customers of activity of its participants;
2) creation to the participant of purchases or several participants of purchases of primary conditions of participation in purchases, including by access to information if other isn't established by the law of the KyrgyzRepublic;
3) violation of the order for definition of the winner or winners of purchases;
4) participation of organizers of purchases or customers and (or) workers of organizers of purchases or workers of customers in purchases.
2. Along with the 1 the present Article establishes by part a ban when carrying out purchases if organizers or customers of purchases are government bodies, local governments, and also when carrying out purchases on placement of orders for deliveries of goods, performance of work, rendering services for the state or municipal needs is forbidden restriction of access to participation in purchases not provided by laws of the Kyrgyz Republic.
3. Along with the established parts 1 and 2 of the present article a ban when tendering on placement of orders for deliveries of goods, performance of work, rendering services for the state or municipal needs forbids competition restriction between participants of purchases by inclusion in structure of lots of production (goods, works, services), technologically and functionally not connected with goods, works, services, the performance which rendering are a subject of purchases.
4. Violation of the norms established by the present article, is the basis for recognition by antimonopoly authority of the corresponding purchases and the bargains concluded by results of such purchases invalid in the order established by the legislation of the Kyrgyz Republic.
Article 11. The state control of creation, reorganization and elimination of economic entities
1. For prevention of possible abuse by a dominant position by managing subjects and restriction of the competition with antimonopoly authority the state control in the following cases is exercised:
1) reorganization (merge, accession, transformation) economic entities (their associations) if it leads to appearance of the economic entities occupying a dominant position;
2) elimination of subjects of the natural and resolved monopolies;
3) merge, accession and liquidation of the state and municipal enterprises if it leads to appearance of the economic entities occupying a dominant position.
the economic entities occupying a dominant position;
2. To the economic entities making decisions on reorganization, elimination according to part of 1 present article, it is necessary to receive a consent of antimonopoly authority.
Managing subjects by reorganization, elimination without fail provide in antimonopoly authority the petition for consent on reorganization, elimination of economic entities and the list of documents in the order established by the Government of the Kyrgyz Republic.
The antimonopoly authority no later than 10 calendar days from the date of obtaining all necessary documents reports to the applicant in writing about the decision.
3. The antimonopoly authority has the right to reject the petition if its satisfaction can lead to emergence or strengthening of a dominant position of the relevant organization, and, as a result, - to competition restriction, or in case of granting unreliable information in the course of coordination.
4. In cases of reorganization and elimination of the economic entities provided by part of 1 present article, the state registration their (re-registration) is carried out by registering body only from a prior consent of antimonopoly authority.
The state registration of economic entities and their associations functioning in defiance of the present Article admits invalid according to the legislation of the Kyrgyz Republic.
Article 12. State control over the observance of Antimonopoly legislation during acquisitions of shares (share) inauthorized capital stock of business entities and other cases
1. The acquisition of a business entity as having a dominant position, stocks, shares, participation interest inauthorized capital stock of other economic entities operating on the market of the same article, as well as buying any legal person or a citizen of the control packet of shares, shares, shares of the entity,occupying a dominant position, is carried out with the prior consent of the Antimonopoly body.
For the purposes of this Article observance, a controlling shareholder, the shares of participation is understood as such a number, which provides more than 50 percent, directly or indirectly vote in making decisions at the General meeting of shareholders, founders.
For transactions specified in point 1 of this article, authorized person to represent the Antimonopoly authority the petition to give consent on their performance and information in accordance with the procedure approved by the Government of the Kyrgyz Republic
3. The application may be rejected if its satisfaction may lead to the emergence or strengthening of dominant position of economic entity (group of persons) and, consequently, to a restriction of competition, or submitted false information, relevant to the adoption decisions.
4. Transactions made in violation of the procedure established by this article, leading to the emergence or strengthening of dominant position and, consequently, the restriction of competition, shall be recognized as invalid in accordance with the legislation of the Kyrgyz Republic.
Article 13. Compulsory division (separation) of business entities
1. In the case of systematic monopolistic activities of economic entities with dominant position, the competition authority is entitled to take decision on compulsory division of such organizations or the decision on allocation from its structure of one or several organizations. Created as a result of the forced separation of the organization can't log in to one group of persons
2. The decision on compulsory division or allocation of economic entities shall be taken if one or more of the following conditions:
1) leads to the development of competition in the market;
2) there is a possibility of separation of structural divisions of the organization;
3) there is no technology driven interrelation of structural divisions of the organization;
4) there is the possibility of independent activity in the relevant market for legal entities created as a result reorganization.
3. The decision on compulsory division or allocation of economic entities shall be executed by the owner or the representative on it the person subject to the requirements provided for in the decision, and in the time defined by the specified decision and may not be less than three months.
See: resolution of the Government of the KR dated 11 June 2012 N 391 "On approval of the Rules on compulsory split-up (division) of economic entities"
Article 14. Rights of staff of antimonopoly authority for obtaining information
Staff of antimonopoly authority by consideration of notices of infringement of the antitrust law, hearing of cases about violation of the antitrust law, implementation of the state control of economic concentration and carrying out the analysis of a condition of the competition, according to the powers assigned to them, at presentation by them of business cards and the decision of the head (his deputy) antimonopoly authority, has the right for easy access in government bodies, local governments, the organizations and the establishments, managing subjects and their associations irrespective of an organizational and legal form and form of ownership for obtaining necessary documents and information according to the legislation of the Kyrgyz Republic.
Article 15. Duties on submission of information to antimonopoly authority
For performance of the tasks assigned to antimonopoly authority and functions bodies of statistics, justice, customs authorities and other government bodies carrying out regulation (supervision) of activity of economic entities and registering them of the relation, archival bodies, local governments and economic entities irrespective of form of ownership at the request of antimonopoly authority submit necessary documents and information, including in a section of economic entities
Article 16. Payment of damages
1. In case losses are caused to the economic entities or other person by the act of government body adopted in defiance of the antitrust law and local government, including antimonopoly authority, either non-execution or inadequate execution by the specified bodies of the duties, these losses are subject to compensation according to the civil legislation of the Kyrgyz Republic.
2. In case of violation of the antitrust law government bodies and local governments (their officials), managing subjects (their heads) are obliged according to the decision of antimonopoly authority to stop violation, to redeem initial situation, to terminate (to sign) the contract or to make to it changes, to cancel the act contradicting the legislation of the Kyrgyz Republic, to transfer income gained as a result of violation of the antitrust law into the republican budget, to execute other actions provided by the instruction.
3. If actions (inaction) of the managing subject violating the antitrust law, caused losses to other managing subject or other person, these losses are subject to compensation by the managing subject which has caused them according to the civil legislation of the Kyrgyz Republic.
Article 17. Responsibility measures
The persons guilty of violation of the antitrust law, are made responsible according to the legislation of the Kyrgyz Republic.
Accountability doesn't exempt perpetrators from a duty to execute the decision of antimonopoly authority.
Article 18. The bases for consideration of business about violations of the antitrust law by antimonopoly authority
1. The antimonopoly authority considers cases on violations of the antitrust law on own initiative, on the basis of messages of mass media and other materials available at its order testifying to violation of the present Law.
2. Applications are submitted to antimonopoly authority in writing, with the appendix of documents on the facts of violation of the antitrust law.
3. The order of hearing of cases about violations of the antitrust law and carrying out investigation is established by the Government of the Kyrgyz Republic.
See: the resolution of the government of KR of June 2, 2012 N 362 "About the statement of the Order of consideration of business about violations of the antitrust law in the field of unfair competition";
the resolution of the government of KR of June 2, 2012 N 365 "About the approval of Rules of consideration of business about violations of the antitrust law of the Kyrgyz Republic"
Article 19. Execution of instructions and other decisions of antimonopoly authority
The decision (instruction) of antimonopoly authority is subject to execution in full volume and in the terms established by the decision (instruction). Non-execution or not in full specified decision (instruction) involves in time the consequences provided by the antitrust law.
Article 20. Right of the appeal of decisions of antimonopoly authority
The government bodies, economic entities and their officials have the right to appeal to court with the statement for recognition invalid in whole or in part decisions (instructions) of antimonopoly authority.
Article 21. About coming into effect of the present Law
1. The present Law comes into force after three months from the date of its official publication.
It is published in the Erkintoo newspaper of July 26, 2011 N 60
2. From the date of coming into effect of the present Law to recognize become invalid:
- The Law of the Kyrgyz Republic "About Restriction of Monopolistic Activity, Development and Protection of the Competition" of April 15, 1994 N 1487-XII (Jogorku Kenesh of the Kyrgyz Republic, 1994, N 5, Art. 163)
- The law of the Kyrgyz Republic "About modification of the Law of the Kyrgyz Republic "About restriction of monopolistic activity, development and protection of the competition" of March 6, 2003 N 55 (Jogorku Kenesh's sheets of the Kyrgyz Republic, 2003, N 5, Art. 221);
- The law of the Kyrgyz Republic "About entering of additions into the Law of the Kyrgyz Republic "About restriction of monopolistic activity, development and protection of the competition" of August 1, 2003 N 164 (Jogorku Kenesh's sheets of the Kyrgyz Republic, 2003, N 11, Art. 505);
- The law of the Kyrgyz Republic "About introduction of additions and changes in the Law of the Kyrgyz Republic "About restriction of monopolistic activity, development and protection of the competition" of April 27, 2009 N 134 (Jogorku Kenesh's sheets of the Kyrgyz Republic, 2009, N 4, Art. 356);
- Jogorku Kenesh's resolution of the Kyrgyz Republic "About introduction of order in action of the Law of the Kyrgyz Republic "About restriction of monopolistic activity, development and protection of the competition" of April 15, 1994 N 1488-XII (Jogorku Kenesh's sheets of the Kyrgyz Republic, 1994, N 5, Art. 164).
3. To the Government of the Kyrgyz Republic:
- to bring the regulations in accordance with the present Law;
- to submit the relevant bills following from the present Law for Jogorku Kenesh's consideration of the Kyrgyz Republic.
President of the Kyrgyz Republic R. Otunbayeva
It is accepted by Zhogorku Kenesh
Kyrgyz Republic, 17, 2011