2018-01-21
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In accordance with anti-monopoly legislation, a company is considered to be a monopoly if its activities restrict or prevent competition and if its share in a certain goods or services market exceeds 35% of the market, or a higher annual share as established by the AMA*. A company whose market share exceeds the said limits, is considered as having a dominant position. The AMA independently determines whether a company has a dominant position and maintains a register of such companies. It should, however, be mentioned that a company cannot be found to be in a dominant position for the first two years of its operation if it is either producing products which are not analogous to any products currently produced or sold in Kazakhstan or if it is producing goods with new technology.
Once entered in the AMA's register, a company becomes subject to the AMA's regulations.
In addition, Kazakhstan's legislation establishes a list of industries which are considered natural monopolies. All companies that have a dominant position in the market and which operate in the following industries are declared to be natural monopolies:
oil and oil products transport via* main pipelines;
natural gas transport via main pipe lines;
electrical and heat energy transmission;
railroad transport;
air navigation, airport, and harbor service;
local telephone network service; and
postal service.
Natural monopolies are also registered with the AMA, but are subject to stricter anti-monopoly legislation control. In order to comply with* the AMA's instructions, a number of obligations are imposed on natural monopolies on issues including pricing; conduct of annual audit reports and publication of the results of such audits; and the provision of services to all customers on an equal basis. In addition, the legislation imposes a number of limitations and restrictions on the activities of natural monopolies.
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Notes
the AMA = Anti-Monopoly Agency — Антимонопольный комитет
via — через, посредством
comply with — сообразовываться, подчиняться
ANTI-MONOPOLY AGENCY AND ITS COMPETENCE
The recently adopted Government Resolution "On the Issues of the Agency for Regulation of Natural Monopolies and Protection of
Competition" describes the AMA's primary functions, as well as its rights and powers, in detail. In accordance with that Resolution, the primary functions of the AMA include:
• determining which companies may operate as a monopoly or as having
a dominant position and maintaining a registry* of such companies;
• regulating the prices and tariffs for services provided by natural
monopolies;
• overseeing* general compliance with anti-monopoly legislation;
• inspecting activities of both legal entities* and individuals with re
spect to issues within its competence; and
• developing proposals for the reorganization of natural monopolies.
In pursuing such functions, the AMA has the following rights: to establish
price limitations for goods and services of natural monopolies; to make determinations as to whether or not a company has a dominant position in the market; to investigate and consider cases for breach of anti-monopoly legislation.
Notes
registry — реестр, регистрация
oversee — надзирать
legal entities — правовые учреждения
Ответьте на вопросы.
1. What is the notion of unfair competition?
2. What steps are taken against unfair competition?
3. What are the functions of the federal antimonopoly body?
4. Why is combating unfair competition a complicated kind of legal activity?
5. In what cases is a company considered to be a monopoly?
6. What does having a dominant position mean?
7. Who determines whether a company has a dominant position?
8. What is a\natural monopoly?
9. What companies are declared to be natural monopolies? Give examples.
10. How do you comply with the AMA's instructions?
11. What are AMA's primary functions? Name some.
12. What right does the AMA have in pursuing its functions?
Unit Sixteen
what counts as property?
First, what things should count as property*? Property must have some value*; and things have value only if they can be controlled; and the control, for which the legal term is possession*, can be physical or legal. Can one own fish in the sea? Not if they are swimming about freely. But if I am fishing in a place where I have the right to fish and have caught fish in my net I have them in my control and so I can own them.
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Of physical things, the most basic sorts of property are land, including the buildings on it, and goods such as clothes, furniture and vehicles. The person who occupies land may be able to defend it with his strong right arm or his gun. The same is true of physical goods. But the value of land and goods increases if they are legally secure*.
Other sorts of property that can be physically controlled have little or no value apart from what law gives it. Take money. The metal in the coins or the paper in the banknotes is worth hardly anything. Money is worth what it claims to be worth only because the law gives it that worth. Law forces those who are owed money to accept the coins or notes in payment, and gives the state a monopoly (an exclusive right) of issuing money.
Notes
property —собственность, право собственности
value — цена, ценность
possession — владение
be legally secure - гарантироваться (защищаться) законом
TRUST
Trust*, in law, relationship* between two or more parties in which one party holds the legal title to property*, subject to an obligation imposed by a court, or expressly* undertaken to keep or use the property for the benefit* of the other party or parties. The party who creates a trust is known as the settlor*.
Trusts may be classified as express*, resulting*, or constructive*. An express trust is one that is created by the settlor's conveyance of property* by will or deed* to a party, with the intention that the property is to be held in trust for others. A resulting trust is one that is created when the intention is inferred* or presumed from the terms of the disposition* of the property or from the circumstances accompanying such disposition. Constructive trust is one resulting from a conveyance of property in which no intention to create a trust can be inferred but in which a court will compel* the person having legal title to hold it for the benefit of another.
Notes
trust — доверительная собственность
relationship — отношения
hold the legal title to property — иметь титры по общему праву
на предмет траста expressly — явно выраженный for the benefit —на благо, пользу, выгоду settlor — учредитель доверительной собственности express trust — срочный активный фонд resulting trust — доверительная собственность в силу правовой
презумпции constructive trust — доверительная собственная собственность в
силу закона
conveyance of property — передача собственности by deed - по документу infer — означать, подразумевать disposition - распределение compel — заставлять, вынуждать
Ответьте на вопросы.
1. When do things have value?
2. What are the most basic sort of property?
3. Under what condition does the value of land and goods increase?
4. Give example of property having little or no value apart from what
law gives it.
5. What is a trust?
6. Who is called the settler?
7. How may trusts be classified?
8. Characterize each kind of trust.
Unit Seveteen
