Antimonopoly regulation | Edward's East Strategies

WHAT WE DO

Capabilities

ANTIMONOPOLY REGULATION
WHAT WE DO
ANTIMONOPOLY REGULATION

Understanding of the requirements in terms of the antimonopoly legislation and the well-balanced planning of the corporate activities, which facilitate the fair competition, not only ensure the smooth trajectory of successful development, but mitigate risks of administrative and criminal charges as well. Our specialists help tackle the difficult aspects of the antimonopoly legislation within the Republic of Kazakhstan and the Eurasian Economic Union in a prompt and effective manner. We explain what the dominant position is, who the dominant actors are, and the ways for determining them. In addition to that, we advise on the course of action for a market player, specific actors, whose position is recognized as a dominant one for mitigating all the risks of the antimonopoly activity. We assist in understanding the difference between the coordinated activities and the anti-competitive agreements, the term of vertical and cartel agreements, the major red flags for such kinds of agreements, as well as the nature thereof. For the purpose of preventing the antimonopoly legislation violations, our experts implement the analysis of the corporate activity on the subject of compliance with the antimonopoly legislation norms of the Republic of Kazakhstan and the Eurasian Economic Union. In the event if a client has already encountered the antimonopoly inspection, our professional team, possessing the high-level competence realm in terms of the competition protection and the multiyear work experience within the antimonopoly bodies of the Republic of Kazakhstan and the Eurasian Economic Commission, will help tackle the most challenging problems, save money and time, while winning all the antimonopoly disputes in an overarching manner.

WHAT WE DO
  • Protection of client interests within litigation (arbitrary) disputes with the antimonopoly body of the Republic of Kazakhstan and the Eurasian Economic Commission as regards the antimonopoly legislation violations (preparation of applications, complaints, motions and other necessary documents)
    • Appeal against the dominant position of a market player
    • Appeal against actions/inaction of the antimonopoly activity of the Republic of Kazakhstan and the Eurasian Economic Commission
    • Appeal against protocols on the administrative charges
    • Appeal against decisions and decrees of the antimonopoly body of the Republic of Kazakhstan and the Eurasian Economic Commission, the adoption of which followed the consideration of cases on the violations of the antimonopoly legislation and general competition rules within cross-border markets
  • Client support under the circumstance of implementing the antimonopoly investigations within both local and cross-border markets
    • Client consulting services with regard to the antimonopoly legislation of the Republic of Kazakhstan and the Eurasian Economic Union in the competition protection domain
    • Legal analysis of documents, obtained from the antimonopoly body of the Republic of Kazakhstan and the Eurasian Economic Commission
    • Preparation of documents/information notes for the purpose of providing the response to requests of the antimonopoly body of the Republic of Kazakhstan and the Eurasian Economic Commission
    • Implementation of the market economic analysis, within which a client operates, for the purpose of identifying his impact share within the relevant goods market
    • Implementation of the legal monitoring activities with regard to internal client documents for the purpose of evaluating the existence of red flags for the antimonopoly legislation violations within the Republic of Kazakhstan and the Eurasian Economic Union in the protection competition domain
    • Support/representation of client interests at the level of the antimonopoly body of the Republic of Kazakhstan and the Eurasian Economic Commission in an all-encompassing manner during the all-stage antimonopoly investigation activities and consideration of cases on the general competition rules’ violations
    • Familiarization with investigation materials/cases on the general competition rules’ violations, elaboration of protective measures (if necessary)
  • Support of deals within the framework of public control over the economic concentration
    • Preparation and application of documents to the antimonopoly body of the Republic of Kazakhstan in order to obtain permits for the implementation of economic concentration deals
    • Legal and economic analysis of the probability for obtaining the rejection response in terms of the deals’ harmonization on behalf of the antimonopoly body of the Republic of Kazakhstan
  • Provision of services, aimed at arranging and integrating the antimonopoly compliance system
    • Elaboration of the external antimonopoly compliance act and promotion of client interests within the harmonization process
    • Elaboration and integration of individual internal «compliance programs» acts together with their permanent monitoring and implementation activities
    • Integration of the risk-oriented approach «self-control institution» for the purpose of preventing the antimonopoly legislation violations of the Republic of Kazakhstan
    • Implementation of the organizational, legal and other-kind measures, aimed at the compliance system, as well as at preventing the violations of the compliance requirements for the purpose of mitigating the «non-compliance» consequences
  • Execution of the audit policy for the corporate activities on the subject of complying with requirements of the antimonopoly legislation of the Republic of Kazakhstan and the Eurasian Economic Union in the protection competition domain
  • Promotion of client interests in terms of interacting with antimonopoly authorities of the Republic of Kazakhstan and the Eurasian Economic Commission
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