The main goal of the bill is to improve competition protection, combat cartels and unfair competition, as well as adapt antimonopoly legislation to the conditions of the digital economy.
As part of the new bill, it is proposed to expand the powers of the antimonopoly authority and introduce new tools for control. For the first time, the legislation provides a detailed description of norms concerning digital platforms and network effects, which will allow the antimonopoly authority to assess the impact of online resources on the market, especially in cases where they play a significant role in transactions between sellers and buyers.
The bill also clarifies the criteria for determining the dominant position of companies in the market. A market share of 35 percent remains the basic benchmark; however, dominance can also be recognized at lower shares if a company is able to significantly influence prices, restrict market access, or possesses substantial resources compared to competitors. Additionally, the concept of collective dominance is introduced, where a group of large companies jointly controls a significant portion of the market.
Special attention is paid to norms aimed at combating anti-competitive agreements. The bill explicitly prohibits cartel agreements between companies, including price-fixing, market division, bid-rigging, and restricting access for other players. Participants in cartels will be able to avoid penalties if they are the first to report the violation to the antimonopoly authority and provide the necessary evidence.
Another important innovation will be the introduction of antimonopoly compliance—a system of internal control created by companies to prevent violations of competition legislation. Businesses will have the opportunity to develop their own risk assessment rules and present them to the antimonopoly authority for confirmation of compliance with legal requirements.
The draft also contains new rules for controlling economic concentration. Information about mergers of companies, the creation of joint ventures, or the acquisition of stakes in businesses must be submitted to the antimonopoly authority if the total annual revenue of the participants exceeds 1 billion soms. If the antimonopoly authority does not make a decision within the established timeframe, the transaction will be considered automatically approved.
The issue of state aid to businesses will also be regulated. Before providing subsidies, benefits, or other preferences, the antimonopoly authority will be required to assess their impact on the competitive environment.
To enhance transparency, it is planned to create a register of companies receiving state support.
Furthermore, the bill introduces prohibitions on anti-competitive actions within public procurement, including coordination among tender participants, creating unequal conditions for certain companies, and unjustifiably restricting access to bids.
