Kazakhstan merger control
Produced in partnership with Sayat Zholshy & Partners

The following Competition practice note produced in partnership with Sayat Zholshy & Partners provides comprehensive and up to date legal information covering:

  • Kazakhstan merger control
  • 1. Have there been any recent developments regarding the Kazakhstan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kazakhstan?
  • 2. Under Kazakhstani merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Agency for Protection of Competition?
  • More...

Kazakhstan merger control

A conversation with Amir Begdesenov, partner at Kazakhstani law firm Sayat Zholshy & Partners, on key issues on merger control in Kazakhstan.

NOTE–to see whether notification thresholds in Kazakhstan and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Kazakhstan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kazakhstan?

On 29 June 2020, the Law On Amendment of Certain Legislative Acts of the Republic of Kazakhstan Concerning the Improvement of Business Environment (the Law) amended the Entrepreneurial Code of the Republic of Kazakhstan (the Code), which was adopted on 29 October 2015.

The Law abolished the requirement to submit certain documents when seeking consent to merger transactions.

Further, at the beginning of September 2020, Kazakhstan President Kassym-Jomart Tokayev addressed the people of the Republic of Kazakhstan at a joint sitting of the Parliament chambers when he instructed the Government to set up an agency for protection and development of competition that would be accountable directly to the President.

It is expected that such strengthening of the antitrust authority will revive the institution, including its transaction monitoring function.

In terms of 'hot' issues, the following important issues should be noted when filing an application for an ‘economic concentration’ consent:

  1. the Agency and laws require an unreasonably large scope

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