Common use of RESTRICTIVE BUSINESS PRACTICES Clause in Contracts

RESTRICTIVE BUSINESS PRACTICES. A Contracting Party shall have freedom to adopt or continue (with or without modifications) measures that are required to check anti-competitive business practices, to the extent to which such measures are in substantial conformity with the UNCTAD Code, known as the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices 1980, as revised from time to time. (i) There is in existence an UNCTAD set/code on Restrictive Business Practices, known as the UNCTAD Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices 1980. (ii) It is desirable that investors should comply with the provisions of the UNCTAD Codes, so as to adhere to the highest standards of competition principles. It may be mentioned that these principles provide protection both to rivals and to consumers. (iii) These provisions include the curbing of anti-competitive practices, such as: (a) tied selling; (b) resale price maintenance; (c) exclusive dealing; (d) reciprocal exclusivity; (e) refusal to deal; (f) differential pricing; (g) predatory pricing; (h) cartelisation; and (i) mergers, amalgamations and takeovers.

Appears in 1 contract

Sources: International Agreement on Investment

RESTRICTIVE BUSINESS PRACTICES. A Contracting Party shall have freedom to adopt or continue (with or without modifications) measures that are required to check anti-competitive business practices, to the extent to which such measures are in substantial conformity with the UNCTAD Code, known as the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices 1980, as revised from time to time.. EXPLANATORY NOTE: (i) There is in existence an UNCTAD set/code on Restrictive Business Practices, known as the UNCTAD Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices 1980. (ii) It is desirable that investors should comply with the provisions of the UNCTAD Codes, so as to adhere to the highest standards of competition principles. It may be mentioned that these principles provide protection both to rivals and to consumers. (iii) These provisions include the curbing of anti-competitive practices, such as: (a) tied selling; (b) resale price maintenance; (c) exclusive dealing; (d) reciprocal exclusivity; (e) refusal to deal; (f) differential pricing; (g) predatory pricing; ; (h) cartelisationh)cartelisation; and (i) mergers, amalgamations and takeovers.

Appears in 1 contract

Sources: International Agreement on Investment