Market Definition & Market Share Analysis in Kazakhstan

MonoEX Consulting defines relevant product and geographic markets, assesses current and projected market shares, and prepares legal and economic analysis for APDC proceedings, antitrust investigations and litigation.

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When Does a Company Need Market Definition & Market Share Analysis?

  • APDC Assesses the Company's Market Position
    If the Agency for Protection and Development of Competition of the Republic of Kazakhstan (APDC) is assessing whether a company holds a dominant position, it is important to verify how the relevant market has been defined and how the company's market share has been calculated.
  • The Company Disagrees with the Authority's Market Analysis
    If the authority's conclusions regarding the relevant market, competitors, market share or barriers to entry appear questionable, an alternative legal and economic analysis can be prepared.
  • Investigation Findings Need to Be Challenged
    Market analysis can form an important part of a company's position when challenging decisions, orders or conclusions issued by the competition authority.
  • A Transaction or Merger Control Filing Is Planned
    Before submitting a merger control or economic concentration filing, it is important to understand how the transaction may affect the relevant market and the market shares of the parties involved.
  • There Is a Risk of Being Found Dominant
    Companies with a significant market share should understand in advance which practices may attract regulatory scrutiny, including pricing, discounts, refusals to supply and commercial terms offered to counterparties.
  • Economic Evidence Is Needed for Litigation
    In competition litigation, a strong position requires more than legal arguments. It is also necessary to demonstrate the economic logic of the case: the relevant market, competitors, market shares, barriers to entry and available alternatives for customers.
Find the Right Type of Competition Law Support
What Do You Need the Market Analysis For?
What Exactly Needs to Be Assessed?
Have You Already Received Documents from the APDC or a Court?
Which Market Needs to Be Analysed?
What Data Does Your Company Already Have?
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What Outcome Do You Need?
How Urgent Is the Matter?
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Market Definition Is the Foundation of a Strong Competition Law Position
In many competition law matters, the key issue is not only what the company has done, but also how the relevant market is defined, which products or services are considered substitutable, which geographic area is taken into account and what market share the company holds.
If a market is defined too narrowly, a company's market share may appear higher than it actually is. If competitors, imports, alternative distribution channels or demand characteristics are overlooked, conclusions about the company's market position may be incomplete or misleading.
MonoEX Consulting helps businesses assess these conclusions, prepare an independent market analysis and use it in communications with the APDC, during an investigation or in litigation.

What We Analyse

Competition law matters require a combination of legal and economic analysis. It is necessary to consider not only contracts and formal documentation, but also how a company's decisions affect the market, competitors, suppliers, customers and distribution channels.
  • Product Market Definition
    We assess which products or services may be considered interchangeable from a customer's perspective, taking into account price, characteristics, intended use, conditions of use and availability.
  • Geographic Market Definition
    We determine the geographic area in which customers can realistically choose between suppliers — whether a city, region, Kazakhstan as a whole or a broader market.
  • Market Share
    We calculate or forecast the company's market share using available sales data, market size, competitor information and distribution channels.
  • Competitive Environment
    We analyse existing competitors, alternative suppliers, imports, substitute products or services, barriers to entry and market dynamics.
  • Position of Customers and Suppliers
    We assess whether customers, suppliers and other counterparties have genuine alternatives and the extent to which the company can influence commercial terms in the relevant market.
  • Methodology
    We review whether the underlying data, time periods, sources, market-definition criteria and market-share calculations have been applied correctly.
What Our Market Definition & Market Share Analysis Includes
Initial assessment of the situation and purpose of the analysis
Review of APDC requests, investigation materials and regulatory documents
Definition of the relevant product market
Definition of the relevant geographic market
Collection and structuring of market data
Analysis of competitors, suppliers, customers and available alternatives
Calculation or forecast of the company's market share
Assessment of the risk of a dominant position
Review of disputed conclusions reached by the competition authority
Development of a legal and economic position
Preparation of arguments for the APDC or courts
Recommendations on the company's next steps

The company receives a structured position explaining which relevant market should be considered, what evidence supports its market share, which conclusions may be challenged and which arguments can be used in the dispute.

Risks Market Analysis Can Help Identify

Competition law disputes are often determined not only by legal provisions, but also by the quality of the underlying economic analysis — what data has been collected, how the relevant market has been defined and how convincingly the company's market position has been demonstrated.
  • Risk of the Company Being Found Dominant
  • Unjustified Claims Regarding Pricing or Supply Terms
  • Incorrect Market Share Calculation
  • Weak Position During an Antitrust Investigation
  • Overly Narrow Product Market Definition
  • Insufficient Economic Evidence in Litigation
  • Failure to Account for Competitors or Substitutes
  • Transaction Delays Due to Merger Control Issues
  • Disputed Geographic Market Definition
  • Risk of Further Regulatory Claims After the Dispute

  • 10+ Years of Team Experience

  • 200+ Clients Across Kazakhstan

  • Complex Cases Handled with Confidence

  • Measurable Business Outcomes

Related Competition Law Services

  • Antitrust Litigation & Appeals

    For companies that need market analysis to challenge an APDC decision, order or regulatory finding.
    Request a Consultation

  • Competition Authority Representation

    For companies that have received an APDC request, notice or complaint or are involved in an antitrust investigation.
    Request a Consultation

  • Merger Control & Economic Concentration

    For transactions involving acquisitions of shares or assets, corporate restructuring or other transactions that may require merger control clearance.
    Request a Consultation

  • Antitrust Audit

    For companies that need to assess not only their market position but also contracts, pricing, discounts and sales or distribution policies.
    Request a Consultation
Who Should Consider Market Definition & Market Share Analysis?
  • Companies in Regulated or Competition-Sensitive Industries
    Energy, transport, telecommunications, petroleum products, pharmaceuticals, FMCG, infrastructure and other regulated or competition-sensitive markets.
  • Companies with a Significant or Growing Market Share
    Businesses with a strong position in a particular niche, region or product category that may attract increased scrutiny from the competition authority.
  • Manufacturers and Suppliers
    Companies that may influence product availability, supply terms, pricing, volumes or the allocation of products among customers.
  • Distributors and Wholesalers
    Businesses operating in markets where competition depends on supply channels, regional conditions, dealer networks or a limited number of suppliers.
  • Retailers and Retail Chains
    Where competition issues may involve suppliers, access conditions, marketing rebates, purchasing terms or assortment policies.
  • M&A and Transaction Participants
    Where it is necessary to assess how a transaction may affect the relevant market, the parties' market shares and whether merger control clearance is required.
Request Urgent Advice
Laura Ibraimova
Director, MonoEX Consulting
Professional Background
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
Leadership Experience
Managing Director for Government Relations and Analytics at the Association of Mining Companies of Kazakhstan.
Request a Consultation Contact on WhatsApp
Competition & Antitrust Law
Competition Authority Representation
Antitrust Compliance
Merger Control
Antitrust Audit
Ongoing Antitrust Advisory
Request a Consultation
Our Expertise
  • Experience
    Hands-on experience with antitrust investigations involving major market participants.
  • Regulatory Experience
    Our team has extensive practical experience within Kazakhstan's competition authority at both regional and national levels, including senior management positions.
  • Litigation Expertise
    Extensive litigation experience and representation of clients before courts at various levels.

Why Companies Choose MonoEX for Market Definition & Analysis

  • Legal and Economic Expertise
    We assess markets from both a legal and commercial perspective, taking into account demand, supply, available alternatives, competitors, customers and the actual conditions in which the business operates.
  • Confidential Handling of Sensitive Business Data
    Market analysis often involves commercially sensitive information relating to sales, customers, suppliers and business strategy. We handle such information with appropriate care and confidentiality.
  • Understanding of Competition Law Disputes
    Our analysis is prepared with a clear understanding of how it may be used in an APDC response, an antitrust investigation, litigation or an appeal against regulatory findings.
  • Based in Astana, Working Across Kazakhstan
    MonoEX Consulting is based in Astana and advises companies throughout Kazakhstan.
  • Practical Deliverables
    You receive more than an abstract market study. We provide a practical document that supports business decisions and helps defend the company's position.
  • Responsive Client Support
    Our team remains accessible to clients and provides support throughout every stage of the engagement.
Discuss Your Competition Law Matter with Our Team
Tell us about your situation. We will assess the matter and recommend the most appropriate type of support, whether APDC representation, compliance, an antitrust audit, merger control or ongoing competition law advisory.

How We Conduct Market Definition & Market Share Analysis

Define the Objective
We establish why the analysis is required: responding to an APDC request, preparing for an investigation, assessing a transaction, merger control, challenging regulatory findings or litigation.
Review the Available Materials
We analyse company documents, sales data, contracts, APDC requests, investigation materials, market information and the authority's position.
Define the Relevant Market
We assess which products or services should form part of the relevant product market and which geographic area should be considered when determining market shares.
Calculate or Forecast Market Share
Using available data, we assess the company's position in the relevant market and determine whether conclusions regarding its market power are properly supported.
Develop the Arguments
We prepare arguments addressing disputed findings — for example, why the market should be defined more broadly, why a market share calculation may be incorrect or why the company's conduct has an objective economic justification.
Prepare Supporting Documents
We present the conclusions in a practical format for management, legal teams, the APDC or courts, including memoranda, legal and economic opinions, supporting schedules, tables and explanatory materials.
Client Testimonials
Olga Smirnova
Competition Law Advice
The MonoEX Consulting team demonstrated a high level of professionalism and in-depth knowledge of competition law. Their support helped us address the risks and avoid potentially significant penalties.
Ivan Petrov
Expert Antitrust Advice
We were very satisfied with our cooperation with MonoEX Consulting. The team helped us navigate complex competition law issues and significantly reduce our regulatory risks.
Marina Vasilyeva
Preventing Antitrust Violations
With the support of MonoEX Consulting, we improved our business processes and reduced the risk of competition law violations. We highly recommend their team.
What Your Business Receives
The analysis is designed to be useful not only to lawyers but also to company management. It provides a clear understanding of how the business may be viewed from a competition law perspective and where its key regulatory risks may arise.
Assessment of the relevant product and geographic markets
Calculation or forecast of the company's market share
Analysis of the competitive environment
Assessment of dominance risk
Review of APDC or third-party market findings
Arguments for regulatory responses, appeals or litigation
Structured tables and explanatory materials
Recommendations on next steps
A basis for challenging investigation findings
Understanding of commercial decisions that may create competition law risks

Frequently Asked Questions About Market Definition & Market Share Analysis

It helps determine how the company may be viewed under competition law, whether it could be considered a significant market participant, whether there is a risk of dominance and whether the competition authority's conclusions are properly supported.