Kyrgyzstan merger control
Produced in partnership with GRATA International Law Firm

The following Competition practice note produced in partnership with GRATA International Law Firm provides comprehensive and up to date legal information covering:

  • Kyrgyzstan merger control
  • 1. Have there been any recent developments regarding the merger control regime in Kyrgyzstan and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kyrgyzstan?
  • 2. Under the Kyrgyzstan 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 (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 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 Kyrgyzstan antitrust authority?
  • More...

Kyrgyzstan merger control

A conversation with Nurlan Kyshtobaev, partner and head of Kyrgyzstan practice, Tamirlan Muktarov , associate, and Elmira Usenova, associate at regional law firm GRATA Law Firm, on key issues on merger control in Kyrgyzstan.

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

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

The latest amendments to the primary merger control regulation – the Law of Kyrgyz Republic ‘On Competition’ No. 116 dated 22 July 2011 (hereinafter – the Competition law), were made on 22 July 2019. The latest amendments to the Competition Law outline additional criteria on determining a company holding a dominant position on markets in the Kyrgyz Republic and generally, clarify and/or specify certain provisions of the Competition Law.

We are not aware of any upcoming updates or developments that are due.

2. Under the Kyrgyzstan 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'?

The control test under Kyrgyz law is set out in the definition of majority stake, which states that control constitutes directly or indirectly more

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