Kazakhstan merger control

Produced in partnership with Sayat Zholshy & Partners

Practice notes

Kazakhstan merger control

Produced in partnership with Sayat Zholshy & Partners

Practice notes

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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

Jurisdiction(s):

United Kingdom

Key definition:

Merger control definition

What does Merger control mean?

The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).

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