Kazakhstan antitrust agency proposes 0.5% turnover fines and cartel leniency reform

September 24, 2026 at 02:45 PM2 min

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Kazakhstan's Agency for Protection and Development of Competition (AZRK) is preparing sweeping antitrust reforms, including turnover-based fines of 0.5% of annual revenue and expanded leniency for cartel whistleblowers. Chairman Marat Omarov announced the changes at the XVI Kazakhstan Legal Forum in Almaty on September 24, 2026. The reforms follow an OECD expert review that found Kazakhstan's reliance on soft-law measures had weakened deterrence.

Key Facts

AZRK proposes turnover-based fines of 0.5% of a violator's annual revenue.
Antitrust investigation periods would increase from three to nine months, with a possible three-month extension.
The first cartel participant to voluntarily disclose and admit a violation could receive full immunity from liability.
The reforms are based on 23 key recommendations from the OECD's second expert review, out of 67 total.
AZRK will introduce collective lawsuits for damages, excluding only the financial sector and securities market.

Reform Drivers

The OECD expert review concluded that Kazakhstan's antitrust regime had shifted excessively toward soft-law measures, weakening the deterrent effect of punishment. Chairman Marat Omarov explained that companies had grown accustomed to first violations not resulting in harsh sanctions, with cases closed voluntarily and painlessly. AZRK supported 23 of the 67 recommendations from the OECD's second expert review and prepared legislative changes based on them.

Leniency Program Changes

AZRK proposes removing the requirement that the agency have no prior information about the cartel before a leniency application is filed. The mandatory preliminary compensation of all damages would also be abolished. The first participant to voluntarily disclose a cartel and admit the violation could receive full immunity from liability.

Digital Platform Regulation

AZRK will introduce special regulation for digital platforms and marketplaces based on the number of users, sellers, and revenue. Restrictions on dynamic pricing will also be established. The agency has launched the Antitrust system and three AI solutions to analyze tariffs, detect collusion in public procurement, and review regulatory acts.