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Competition Law and Policy
The major enabling legislation in the regulation of competition includes the Anti-Monopoly Activities; the Law on Natural Monopolies; and the Law on Unfair Competition. These three laws establish an effective foundation for restricting monopolies and reducing anti-competitive practices. The common goals of these mutually dependent laws are to stimulate free competition, encourage entrepreneurship, insure consumer protection, and designate natural monopoly markets and their respective operating rules.
Kazakhstan, like other former Soviet republics, inherited a highly concentrated industrial structure with a completely monopolized distribution sector. Kazakhstan had no experience in promoting competitive practices prior to 1991. Existing state structures typically were in charge of setting socially acceptable prices with a sub-goal of preventing speculative transactions.
Kazakhstan has made significant progress in both developing antimonopoly legislation and implementing these laws. The country's legislation, developed with substantial international assistance, provides the basis for vigorous enforcement of sound competitive principles.
Demand for competition law reform and enforcement is noted among both the domestic and the foreign investor. Budding local entrepreneurs in sectors such as insurance,banking, and food distribution are keenly aware of the potential and actual negative impact on their businesses of anti-competitive practices. They remain sanguine, nevertheless, about an improving environment. Our investigation found several instances of Kazakhstan citizens who, after living abroad, returned to the country to become investor-entrepreneurs because the "free-enterprise" climate has improved.
(Note: This information was taken from the Bankruptcy chapter of the 1999 Kazakhstan BizCLIR report. For more information, please see the report.)
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