ТОО "KarTel", "Билайн" в Казахстане -- Казахстан -- ОАО "Вымпелком" ("Билайн") Россия  

Отношения КаР-Тел с регулятором

2010. KaR-Tel is subject to governmental control over tariffs because it is recognized as an entity having  a dominant position on the Kazakhstan mobile market. KaR-Tel is required by law to notify the Ministry of Communications and Information of Kazakhstan, the Kazakh state anti-monopoly body,(the “MCI”) of any increase of its tariffs and to justify such increase. Upon receipt of such a notice,  the MCI is required to carry out an examination of proposed tariff increase and has the right to prohibit it. KaR-Tel is also required to submit information periodically to the MCI, which establishes maximum tariff rates based on information submitted. According to information available on the MCI’s public website, it has recently examined retail tariffs of one of KaR-Tel’s competitors and  established maximum rates based on such examination. The Kazakhstan Antimonopoly Agency (the “KAA”) has recently initiated a number of proceedings against KaR-Tel and its competitors in relation to pricing and roaming policies. In connection with one such proceeding, on June 21, 2010 the KAA concluded that KaR-Tel and the other two Kazakhstan GSM operators are liable for abuse of their dominant position on the market by way of establishing monopolistically high roaming tariffs. As required under Kazakh law, the KAA has submitted its finding to a Kazakh administrative court. On July 16, 2010, KaR-Tel filed a claim to recognize as illegal and to annul the acts of the KAA. In October 2010, the Interregional Economic Court of Astana decided in favor of KaR-Tel and recognized the acts of the KAA as illegal, null and void. This decision was affirmed by y the Court of Appeals in December 2010 and the Cassation Court in January 2011 and has entered into force, but is subject to appeal.       /Beeline. Источник