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Distribution, public procurement, competition and antitrust law

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By introducing the Corporate Code in 2015, the Kazakh legislator has combined competition and antitrust law as well as regulations relating to public-private partnerships. The aim is to make the rules of the game for companies on the Kazakh market more transparent and to make companies more aware of competition and, above all, antitrust law.

The corporate code thus aims to prevent anti-competitive acts, the abuse of a dominant market position, cartel agreements and the control of dishonest competition. In particular, when acquiring a company, it is important to obtain any necessary approvals from the Kazakh antitrust authorities in good time before the M&A in order to avoid the risk of fines being imposed.

We advise and support clients from various industries, such as pharmaceutical industry, medical device companies, wholesale and retail trade in matters of Kazakhstan antitrust and competition law as well as public procurement law. Our specialists have many years of experience in the field of competition and antitrust law. Together with our colleagues worldwide and in particular with our colleagues from the Russian offices, we can offer you complex advice and support for your cross-border activities from a single source.
 
In addition, we have many years of expertise in the field of purchasing and distribution. Here, the focus of our work is on the review and drafting of distribution and franchise agreements. Questions related to product liability are also a core competence of Rödl & Partner in Kazakhstan.
 
We see our task in designing your cross-border business models not only legally secure, but also future-oriented, sufficiently flexible and internationally resilient, in protecting your know-how and industrial property rights and in minimizing the overall risks for an engagement in Kazakhstan.

THE MAIN FOCUSES OF OUR CONSULTING ACTIVITIES ARE:

  • ​Support in the establishment of new distribution structures and branches
  • Cooperation with competitors, distribution pools, review and drafting of distribution and licensing agreements and other forms of vertical and horizontal cooperation, as well as any agreements in the event of territorial agreements
  •  Exclusivity agreements, price and supply agreements
  • Prohibitions of discrimination and obstruction as well as the prohibition of abuse of a dominant position, limits on conduct under antitrust law in cases of strong market positions
  • Merger control
  • Antitrust procedural law (fine proceedings, investigations by antitrust authorities, civil court disputes on antitrust issues)
  • Competition law permissible appearance of companies and competition law disputes
  • Protection of distribution systems under competition law
  • Public procurement law (tendering obligations and review procedures)
  • Review and design of distribution structures (authorized dealers, selective distribution systems, franchising, commercial agents, licensing systems)
  • Elaboration of contracts, including industry-specific 
  • Contract design (development and cooperation agreements, service agreements, etc.)
  • Law of general terms and conditions
  • Assistance in contract negotiations
  • Drafting of contracts, including industry-specific contracts (development and cooperation contracts, service contracts, etc.)
  • E-commerce and e-business
  • Warranty law
  • Producer liability under civil law
  • Support with product recalls and product warnings

Contact

Contact Person Picture

Michael Quiring

Partner, Attorney at Law, Regional Manager for Central Asia

+ 7 727 3560 655

Send inquiry

Contact Person Picture

Korlan Alikhanova

Deputy Head in Central Asia, Associate Partner

+ 7 727 3560 655

Send inquiry

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