Abuse of Dominance & Anti-Competitive Agreements in Kazakhstan
MonoEX Consulting advises businesses on risks related to dominant market positions, abuse of market power, anti-competitive agreements and concerted practices. We help companies assess their market conduct, prepare positions for the Agency for Protection and Development of Competition of the Republic of Kazakhstan (APDC), reduce regulatory risks and protect their business interests.
When Should a Company Assess Dominance and Agreement Risks?
- Your Company Holds a Significant Market ShareIf your business is one of the leading players in its market, region or product category, it is important to understand which actions could potentially be viewed as an abuse of dominance.
- Prices, Tariffs or Supply Terms Are ChangingChanges in prices, mark-ups, discounts, rebates or supply terms may attract regulatory scrutiny where a company holds a strong market position.
- Different Customers Receive Different TermsIf different counterparties receive different commercial terms, or if supplies are refused or restricted, the company should have a clear economic and documentary justification for those decisions.
- You Operate a Dealer or Distribution NetworkTerritorial restrictions, exclusivity, resale conditions and rules governing dealer or distributor relationships may create competition law risks.
- Your Company Participates in Tenders or ProcurementCoordinated conduct between bidders, exchanges of information or similar bidding behaviour may become subject to regulatory review.
- Your Employees Communicate with Competitors or Industry AssociationsBusiness meetings, trade associations and joint projects require particular care where discussions may involve prices, volumes, customers, markets or future commercial plans.
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Two Key Areas of Competition Law Risk
Many competition law matters involve two major categories of risk: abuse of dominance and anti-competitive agreements.
Dominance-related risks typically arise where a company holds a strong market position and its conduct may significantly affect customers, suppliers, competitors or market conditions.
Anti-competitive agreements and concerted practices may arise where market participants coordinate their conduct, including prices, sales terms, tender participation, allocation of customers or territories, or supply volumes.
For businesses, it is important not only to understand the formal elements of an infringement but also to assess in advance how commercial decisions may be viewed by the APDC, counterparties and courts.
Dominance-related risks typically arise where a company holds a strong market position and its conduct may significantly affect customers, suppliers, competitors or market conditions.
Anti-competitive agreements and concerted practices may arise where market participants coordinate their conduct, including prices, sales terms, tender participation, allocation of customers or territories, or supply volumes.
For businesses, it is important not only to understand the formal elements of an infringement but also to assess in advance how commercial decisions may be viewed by the APDC, counterparties and courts.
Risks Associated with a Dominant Market Position
- Risk of Being Found DominantWe assess market share, relevant market boundaries, competitors, substitutes, distribution channels, barriers to entry and the company’s actual ability to influence market conditions.
- Excessive or Monopolistic Pricing RiskWe review how prices are determined, whether they have an objective economic justification and whether changes in pricing could attract questions from the competition authority or counterparties.
- Discriminatory TermsWe assess why different customers or suppliers receive different terms and whether those differences can be objectively justified and documented.
- Unjustified Refusal to SupplyWe assess whether there is a legitimate reason for refusing supply, such as outstanding debt, capacity constraints, contractual breaches, product shortages or other objective commercial circumstances.
- Imposition of Unfair TermsWe review whether additional services, obligations, restrictions or contractual conditions could be perceived as being imposed on a counterparty.
- Restricting Access to the MarketWe assess whether a company’s actions could restrict other market participants’ access to products, services, infrastructure or customers.
Commercial Decisions That Require Particular Attention
Significant or sudden changes in prices or tariffs
Individual discounts without clear criteria
Refusal to supply a particular customer
Different terms for comparable counterparties
Exclusive agreements with business partners
Allocation of territories among dealers
Resale price restrictions or recommendations
Restrictions relating to customers, sales channels or product ranges
Exchange of commercially sensitive information with competitors
Similar bidding behaviour among tender participants
Coordination of sales terms with other market participants
Participation in industry meetings without clear rules for safe communication
Not every such practice automatically constitutes an infringement. However, each may require competition law assessment where it affects competition, counterparties or market conditions.
Individual discounts without clear criteria
Refusal to supply a particular customer
Different terms for comparable counterparties
Exclusive agreements with business partners
Allocation of territories among dealers
Resale price restrictions or recommendations
Restrictions relating to customers, sales channels or product ranges
Exchange of commercially sensitive information with competitors
Similar bidding behaviour among tender participants
Coordination of sales terms with other market participants
Participation in industry meetings without clear rules for safe communication
Not every such practice automatically constitutes an infringement. However, each may require competition law assessment where it affects competition, counterparties or market conditions.
Risks Related to Anti-Competitive Agreements & Concerted Practices
- Price CoordinationWe assess whether there are indications of coordination involving prices, tariffs, discounts, mark-ups or other commercial terms with competitors or other market participants.
- Exchange of Commercially Sensitive InformationWe assess whether competitors have exchanged information on prices, customers, volumes, sales plans, margins or strategic commercial decisions.
- Market AllocationWe assess risks associated with allocating customers, territories, suppliers, distribution channels or supply volumes.
- Restrictions in Vertical AgreementsWe review dealer and distribution agreements, including resale pricing, territorial restrictions, exclusivity and restrictions relating to customers or sales channels.
- Bid Rigging & Coordinated Tender ConductWe review procurement and tender risks, including similar bidding behaviour, exchanges of information, agreements not to compete or coordination of participation terms.
- Trade Association RisksWe assess participation in industry meetings, working groups and professional associations where commercially sensitive matters may be discussed.
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10+ Years of Team Experience
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200+ Clients Across Kazakhstan
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Complex Cases Handled with Confidence
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Measurable Business Outcomes
Related Competition Law Services
Related Services for Dominance & Competition Agreement Matters
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Market Definition & Market Share Analysis
Where it is necessary to define the relevant product and geographic markets, calculate market share or challenge the competition authority’s market analysis. -
Competition Authority Representation
Where the company has already received an APDC request, notice or complaint or an investigation has begun. -
Antitrust Audit
Where contracts, pricing, discounts, dealers, procurement processes and sales or distribution policies need to be reviewed. -
Antitrust Litigation & Appeals
Where the company needs to challenge a decision, order, penalty or conclusions reached by the competition authority. -
Antitrust Compliance
Where the company needs to introduce internal rules, procedures and controls following the risk assessment.
Who Should Pay Particular Attention to Dominance & Agreement Risks?
- Companies with Significant Market ShareWhere the business holds a strong market position and its actions may affect customers, suppliers or competitors.
- ManufacturersWhere the company manages supply volumes, pricing, dealer relationships or conditions of access to its products.
- Distributors & WholesalersWhere commercial arrangements involve regional restrictions, exclusivity, different customer categories, rebates or extensive partner networks.
- Retailers & Retail ChainsWhere competition issues may arise in supplier relationships, marketing rebates, purchasing terms, assortment policies or promotions.
- Tender & Procurement ParticipantsWhere there may be concerns about coordinated conduct, information exchange or bidding behaviour.
- Corporate Groups & HoldingsWhere commercial decisions are made across different group companies, branches or business units.
- Regulated IndustriesEnergy, transport, telecommunications, petroleum products, pharmaceuticals, medical devices, FMCG, infrastructure and utilities.
Laura Ibraimova
Director, MonoEX Consulting
Director, MonoEX Consulting
Professional Background
Education
MBA, Master of Business Administration, UBIS, Geneva.
Professional Experience
Managing Director for Government Relations and Analytics at the Association of Mining Companies of Kazakhstan.
Education
MBA, Master of Business Administration, UBIS, Geneva.
Professional Experience
- 10+ years of experience with Kazakhstan's competition authority at regional and national levels
- Extensive litigation and regulatory methodology experience
- Participation in the development of regulations relating to competition and antitrust matters
Managing Director for Government Relations and Analytics at the Association of Mining Companies of Kazakhstan.
Our Expertise
- ExperienceHands-on experience with antitrust investigations involving major market participants.
- Regulatory ExperienceOur team includes experts with extensive practical experience within Kazakhstan’s competition authority at both regional and national levels, including senior positions.
- Litigation ExpertiseExtensive litigation experience and representation of clients before courts at various levels.
Why Companies Choose MonoEX for Dominance & Competition Agreement Matters
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Specialist Competition Law ExpertiseWe focus on competition law matters involving the APDC, dominance, anti-competitive agreements, compliance, audits and litigation. -
We Analyse the Market, Not Just the DocumentsThese matters require an understanding not only of contracts but also of the relevant market, the company’s market share, competitors, substitutes and actual market conditions. -
Practical Risk AssessmentWe do not simply explain what is prohibited. We identify which practices can be objectively justified, which should be modified and how the company can reduce regulatory risk. -
Based in Astana, Advising Companies Across KazakhstanMonoEX Consulting is based in Astana and advises businesses throughout Kazakhstan. -
APDC & Litigation PositioningWe help develop legal arguments, collect supporting evidence and prepare documentation to protect the company’s interests before the competition authority and courts. -
Responsive Client SupportOur team remains accessible to clients and provides support throughout every stage of the engagement.
Get Advice on Competition Law Risks
Tell us about your situation. We will assess the matter and recommend the most appropriate type of support — APDC representation, antitrust compliance, audit, merger control or ongoing competition law advisory.
How We Assess Dominance & Anti-Competitive Agreement Risks
Understand the Situation
We determine what triggered the review: an APDC request, complaint, antitrust audit, transaction, compliance matter, dispute with a counterparty or a preventive risk assessment.
Analyse the Market & the Company’s Position
We assess products and services, geography, competitors, customers, suppliers, market share and other factors that may influence the company’s market position.
Review Documents & Business Practices
We analyse contracts, pricing, discounts, commercial proposals, correspondence, sales policies, procurement practices and internal approval procedures.
Identify & Prioritise Risks
We classify risks as critical, significant, moderate or technical and separately identify matters that may attract the attention of the APDC.
Develop the Legal & Economic Position
We prepare arguments, supporting evidence and recommendations explaining which practices may be justified, which should be modified and which documents should be prepared.
Support the Next Steps
We help respond to regulatory requests, prepare a defence, implement antitrust compliance, conduct an audit or establish ongoing competition law support.
Client Testimonials
What Your Business Receives
The key outcome is a clear understanding of which commercial decisions can be defended, which should be adjusted and how the company should act in response to a regulatory request, complaint or investigation.
Assessment of dominance risks
Analysis of potentially sensitive commercial practices
Review of contracts, pricing, discounts and supply terms
Assessment of risks relating to anti-competitive agreements
Recommendations for safe communications with competitors
A position for responding to an APDC request or complaint
Arguments for proceedings before the APDC or courts
A prioritised competition law risk map
Recommendations for revising contracts and internal policies
A foundation for antitrust compliance and internal controls
Analysis of potentially sensitive commercial practices
Review of contracts, pricing, discounts and supply terms
Assessment of risks relating to anti-competitive agreements
Recommendations for safe communications with competitors
A position for responding to an APDC request or complaint
Arguments for proceedings before the APDC or courts
A prioritised competition law risk map
Recommendations for revising contracts and internal policies
A foundation for antitrust compliance and internal controls
Frequently Asked Questions About Abuse of Dominance & Anti-Competitive Agreements
A dominant market position exists where a company holds a strong position in a relevant market and may have significant influence over market conditions, customers, suppliers or competitors.
No. A dominant position itself is not necessarily unlawful. Competition law risks arise from specific conduct, such as pricing practices, discriminatory terms, refusals to supply, restrictions or other potentially abusive behaviour.
Potentially sensitive practices may include unjustified differences in pricing, refusals to supply, different terms for comparable counterparties, the imposition of additional obligations and restrictions on access to products or infrastructure.
Risks may arise from coordination of prices, allocation of customers or territories, exchanges of commercially sensitive information, coordinated tender conduct or contractual arrangements that restrict competition.
Yes. A preventive review can identify problematic wording, potentially sensitive contractual terms and risky commercial practices before they result in a complaint or regulatory request.
The company should promptly identify the scope of the request, collect the relevant documents, assess potential risks and prepare a clear and consistent response without unnecessary or contradictory statements.
Yes. Following a risk assessment, companies often implement or update an antitrust compliance programme so that employees understand how to make commercial decisions while managing competition law risks.