Competitive environment Sample Clauses
The "Competitive environment" clause defines the expectations and obligations of parties in relation to competition within a given market or industry. Typically, this clause outlines how parties should conduct themselves to maintain fair competition, such as prohibiting collusion, price-fixing, or sharing of sensitive information with competitors. It may also specify the need to comply with relevant antitrust laws and regulations. The core function of this clause is to ensure that all parties act ethically and legally in competitive situations, thereby reducing the risk of anti-competitive behavior and potential legal liabilities.
Competitive environment. 1. The Parties acknowledge that it is their joint objective to have a fair and competitive environment for the operation of air services. The Parties recognise that fair competitive practices by air carriers are most likely to occur where these air carriers operate on a fully commercial basis and are not subsidised.
2. Within the scope of this Agreement, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.
3. State aid which distorts or threatens to distort competition by favouring certain undertakings or certain aviation products or services is incompatible with the proper functioning of this Agreement, insofar as it may affect trade between the Parties in the aviation sector.
4. Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the competition rules applicable in the European Union, in particular from Article 107 of the Treaty on the Functioning of the European Union and interpretative instruments adopted by the European Union institutions.
5. If one Party finds that conditions exist in the territory of the other Party, in particular due to a subsidy, which would adversely affect the fair and equal opportunity of its air carriers to compete, it may submit observations to the other Party. Furthermore, it may request a meeting of the Joint Committee, as provided for in Article 22 (Joint Committee) of this Agreement. From the receipt of such a request consultations shall start within 30 days. Failure to reach a satisfactory agreement within 30 days from the start of consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, withhold, revoke, suspend or impose appropriate conditions on the authorisations of the air carrier(s) concerned, consistent with Article 5 (Refusal, Revocation, Suspension or Limitation of Authorisation) of this Agreement.
6. The actions, referred to in paragraph 5 of this Article, shall be appropriate, proportionate and restricted with regard to scope and duration to what is strictly necessary. They shall be exclusively directed towards the air carrier or air carriers benefiting from a subsidy or the conditions referred to in this Article, and shall be without prejudice to the right of either Party to take action under Article 24 (Safeguard measures) of this Agreement.
7. Each Party, upon notification to the other Party, may approach responsi...
Competitive environment. 1. The Parties acknowledge that it is their joint objective to have a fair and competitive environment for the operation of the air services. The Parties recognise that fair competitive practices by airlines are most likely to occur where these airlines operate on a fully commercial basis and are not state subsidised. They recognise that matters, such as, but not limited to the conditions under which airlines are privatised, the removal of competition distorting subsidies, equitable and non-discriminatory access to airport facilities and services and to computer reservation systems are key factors to achieve a fair and competitive environment.
2. If a Party finds that conditions exist in the territory of the other Party that would adversely affect a fair and competitive environment and its airlines' operation of the air services under this Agreement, it may submit observations to the other Party. Furthermore, it may request a meeting of the Joint Committee. The Parties accept that the degree to which the objectives in the Agreement related to a competitive environment may be undermined by a subsidy or other intervention is a legitimate subject for discussion in the Joint Committee.
3. Issues that may be raised under this Article 14 include, but are not limited to, capital injections, cross subsidisation, grants, guarantees, ownership, tax relief or tax exemption, protection against bankruptcy or insurance by any government entities. Subject to paragraph 4 of Article 14, a Party, upon notification to the other Party, may approach responsible government entities in the territory of the other Party including entities at the state, provincial or local level to discuss matters relating to this Article.
4. The Parties recognise the cooperation between their respective competition authorities as evidenced by the "Agreement between the Government of Canada and the European Communities regarding the Application of their Competition Laws" done at Bonn on 17 June 1999.
5. If, following consultations in the Joint Committee, a Party believes that the conditions referred to in paragraph 2 of Article 14 persist and are likely to result in significant disadvantage or harm being caused to its airline or airlines, it may take action. A Party may take action under this paragraph from the earlier of the establishment, by a decision of the Joint Committee, of procedures and criteria by the Joint Committee for the exercise of such action or one year from the date that this Agre...
Competitive environment. 1. Within the scope of this Agreement, Title IV of the Association Agreement or any successor agreement between the European Union, its Member States and Ukraine shall apply, except where more specific rules on competition and State aid for the aviation sector are included in this Agreement.
Competitive environment. 1. Within the scope of this Agreement, the provisions of Title VI ("Competition, intellectual, industrial and commercial property protection and legislative co-operation") of the Partnership and Co-operation Agreement or any successor agreement between the European Union, its Member States and Ukraine shall apply, except where more specific rules on competition and state aid for the aviation sector are included in this Agreement.
Competitive environment. The life insurance industry remains highly fragmented and competitive. See “Description of Business — Competition.” In particular, we believe that financial strength and financial flexibility are highly relevant differentiators from the perspective of customers and distributors. We believe we are adequately positioned to compete in this environment. We are regulated by the NYDFS. We are regulated primarily at the state level, with some products and services also subject to federal regulation. In addition, BLNY is subject to regulation under the insurance holding company laws of various U.S. jurisdictions. Furthermore, some of our operations, products and services are subject to ERISA, consumer protection laws, securities, broker-dealer and investment advisor regulations, as well as environmental and unclaimed property laws and regulations. See “Description of Business — Regulation,” as well as “Risk Factors — Regulatory and Legal Risks.” The preparation of financial statements in conformity with GAAP requires management to adopt accounting policies and make estimates and assumptions that affect amounts reported on the Financial Statements. The most critical estimates include those used in determining: • liabilities for future policy benefits; • amortization of DAC; • estimated fair values of freestanding derivatives and the recognition and estimated fair value of embedded derivatives requiring bifurcation; and • measurement of income taxes and the valuation of deferred tax assets. In applying our accounting policies, we make subjective and complex judgments that frequently require estimates about matters that are inherently uncertain. Many of these policies, estimates and related judgments are common in the insurance and financial services industries; others are specific to our business and operations. Actual results could differ from these estimates. The above critical accounting estimates are described below and in Note 1 of the Notes to the Financial Statements.
Competitive environment. This section defines the environment in which the players will compete in the Tournament.
Competitive environment. 1. The Contracting Parties reaffirm the application to this agreement of the principles of Chapter II of Title IV of the association agreement.
2. The Contracting Parties acknowledge that it is their joint objective to secure fair and equal opportunities for the air request consultations shall start within 30 days. When a dispute cannot be settled by the Joint Committee, the Contracting Parties retain the possibility of applying their respective anti-subsidy measures.
Competitive environment. 1. The Parties acknowledge that it is their joint objective to have a fair and competitive environment for the operation of air services. The Parties recognise that fair competitive practices by air carriers are most likely to occur where these air carriers operate on a fully commercial basis and are not subsidised.
2. Within the scope of this agreement, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.
3. State aid which distorts or threatens to distort competition by favouring certain undertakings or certain aviation products or services is incompatible with the proper functioning of this agreement, in so far as it may affect trade between the Parties in the aviation sector.
Competitive environment. The US remains the top exporter to Japan for some products in the fresh vegetable and fruit sectors. However, China and other Asian and southern hemisphere countries have become major suppliers, increasing both the range and volume of fresh fruit and vegetables imported into Japan. China is recognised as one of the lowest- cost suppliers of vegetables, with other overseas producers unable to compete on price. However, there have been cases of Chinese produce being restricted or banned, due to levels of chemical residue and several food safety issues. Australia is also facing stronger competition from Chilean and South African producers due to their location in the southern hemisphere. They are taking advantage of counter seasonality by supplying similar types of products at more competitive prices. Tariffs, regulations and customs When the Japan Australia Economic Partnership Agreement (JAEPA) entered into force, there were immediate tariff elimination on the vast majority of Australia’s vegetables, fruit and nuts. For example, tariffs on macadamia nuts and asparagus, worth $16.2 million and $13.5 million in 2013 respectively, were eliminated. Exporters are advised to look closely at tariff rates before exporting to Japan. Some fresh fruit and vegetables will attract a seasonal tariff, depending on the time at which they are imported. The Japanese Government prohibits importers of fresh fruit and vegetables where soil is evident and plants have soil attached or produce contains evidence of pests and pathogens. Under the Plant Protection Act’s designated quarantine procedures, fresh vegetables and fruit are checked by the Ministry of Agriculture, Forestry and Fisheries’ (MAFF) Plant Protection Station. This includes a phytosanitary inspection which screens for contamination by any pests or harmful plants. For details of the quarantine procedures, visit the Plant Protection Station. The Ministry of Health, Labour and Welfare (MHLW) introduced a list system, prohibiting the distribution of food containing agricultural chemicals (pesticides, feed additives and veterinary drugs) above a certain level of Maximum Residue Limits (MRLs). More information about the list system is available on the Ministry of Health, Labour and Welfare website: • An introduction of the positive list system • List of Maximum Residue Limits • Further details about the system Market entry strategies will vary according to products and segments and exporters should consider the following...
Competitive environment. While the WTO Agreement is a giant step forward, much work remains to be done to open up the telecommunications markets of the region to competition. Only two countries in the region can be said to be open to full competition - Chile and Mexico. Colombia and the Dominican Republic allow a degree of competition in basic services and several others are in a transition toward a competitive regime. That leaves 39 countries where the provision of local telephone services is primarily a monopoly. Only Peru (1999), Venezuela (2000), Bolivia (2001), Belize (2002), Panama (2003) and Ecuador (2003) have announced firm plans to open their local markets to competition. The trend is clear. Each year more and more countries of the region are privatising their telecommunications companies and creating the conditions for competition. The first to take the leap was Chile. The next country to move decisively in this direction was ▇▇▇▇▇▇. ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇ and Venezuela have already made considerable progress towards liberalisation and others are following suit.