On May 27, Alexey Ivanov, Director of the BRICS Competition Law and Policy Centre, spoke at the plenary session of the XII Eurasian Antitrust Forum in Astana, Kazakhstan. The session was dedicated to the theme “35 Years of Antimonopoly Policy: Key Challenges and Strategic Guidelines.” On the sidelines of the forum, a Memorandum of Understanding was also signed between the BRICS Competition Law and Policy Centre and the Analytical Research Center for Competition Development under the Agency for Protection and Development of Competition of the Republic of Kazakhstan.
Moderating the session, Alexey noted that over the past 35 years Kazakhstan has progressed from establishing the basic institutions of antimonopoly control to creating one of the most modern and dynamically developing systems of competition regulation in Eurasia. He emphasized that Kazakhstan has not only built an effective regulatory framework, but also continues to adapt its competition policy to new challenges, including the transformation of global markets, the digitalization of the economy, and the rise of digital platforms. Kazakhstan has developed its own distinctive model of antimonopoly regulation with important institutional innovations, such as the independence of the antimonopoly authority and its direct subordination to the President.
“The experience accumulated by Kazakhstan demonstrates that modern antimonopoly policy is becoming not only an instrument for protecting competition, but also an important element of economic sovereignty, sustainable growth, and technological development.”
In the photo (from left to right): Alexey Ivanov, Maksim Ermalovich, Ruslan Dzhalyukov, Nikolai Radostovets © Yerbol Narymbayev
Expanding on the topic of cooperation within the Eurasian Economic Union (EAEU), Maksim Yermalovich, Member of the Board – Minister in charge of Competition and Antitrust Regulation, Eurasian Economic Commission (EEC), noted that the EEC is one of the strongest supranational bodies in the field of antimonopoly regulation. According to him, over the years of the EAEU’s operation, a comprehensive system of supranational competition law has been formed, including its own legislation, investigative procedures, mechanisms for interaction with national authorities, and instruments for international competition advocacy.
At the same time, he drew attention to several challenges: EAEU member states continue to support national champions and monopolies as a tool to counter external players, which in the long term may weaken competition within the Union. Other unresolved issues include the absence of mechanisms to address anticompetitive practices involving companies from third countries, overly high thresholds for identifying cross-border monopolization, and the lack of EEC powers to review economic concentration transactions.
In addition, the EEC does not possess procedural powers within national jurisdictions, including limited ability to conduct inspections and request information directly from market participants. According to Yermalovich, the Commission currently relies heavily on “soft law” instruments, but in the future EAEU countries should deepen cooperation specifically in the field of competition policy, including through the development of a joint competition development program. Protection of competition, he stressed, should run as a common thread through the Union’s entire integration and economic policy.
In the photo: Alexey Dronov © Yerbol Narymbayev
Alexey Dronov, Chairman of the Court of the Eurasian Economic Union, emphasized that the signing of the Treaty on the EAEUin 2014 marked an important milestone following a long period of economic fragmentation and laid the foundation for the modern integration system. The principle of fair competition is already enshrined in the Treaty’s preamble and is regarded as one of the fundamental principles of the Union’s functioning. Cases concerning violations of competition principles and rules rank second in the frequency of appeals to the Court, demonstrating that economic interests are a key driver of the development of the Union’s integration law.
The speaker also noted that Article 6 of the Treaty establishes a unique model for the development of integration law, which interacts both with national legal systems and with principles of international law. According to Dronov, the Treaty represents an “architecture for legal development” that, through interpretation and soft-law instruments, allows the current legal regime to evolve and improve.
Ruslan Dzhalyukov, Deputy Head, Federal Antimonopoly Service of Russia (FAS Russia), spoke about measures being taken to protect competition and consumers in Russia. These include implementation of the National Competition Development Plan, efforts to contain price increases for food products, and the development of the State Information System (SIS)“Anti-Cartel” as a tool for detecting collusion. Dzhalyukov also emphasized the importance of international cooperation between FAS and its partners in various formats, including the Shanghai Cooperation Organisation (SCO), UNCTAD, and the CIS.
© Yerbol Narymbayev
Nikolai Radostovets, Member of the Presidium of the National Chamber of Entrepreneurs of Kazakhstan “Atameken” and former head of Kazakhstan’s antimonopoly authority, stressed the need for further development of the EAEU Treaty, noting its particular importance for Kazakhstan as a landlocked country. In his view, the current regulatory framework pays insufficient attention to infrastructure issues, including ports.
He also underlined the importance of developing a unified competition strategy within the Union, since businesses require predictability and certainty. According to the speaker, reducing barriers and creating a more transparent and stable environment for entrepreneurship should become key priorities.
On the sidelines of the forum, the BRICS Competition Law and Policy Centre and the the Analytical Research Center for Competition Development under the Agency for Protection and Development of Competition of the Republic of Kazakhstan signed a Memorandum of Understanding.
As stated in the agreement, the parties “regard each other as strategic partners” and recognize the importance of strengthening cooperation. In particular, they agreed to conduct joint professional consultations and research, prepare expert reports, and develop recommendations for improving competition legislation and legal practices.
The agreement also provides for the organization of joint scientific and expert events in the fields of market analysis, competition policy, consumer protection, and exchange trade development, as well as the exchange of best practices and international expertise in these areas.
