Common use of Rules of Competition Concerning Undertakings Clause in Contracts

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement, insofar as they may affect trade between the Parties: a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; c) any public aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c). 3. Each Party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid. 4. If any Party considers that a particular practice is incompatible with the terms of the first paragraph of this Article, and: a) is not adequately dealt with under the implementing rules referred to in paragraph 2, or b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties. 5. Notwithstanding any provisions to the contrary adopted in conformity with this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement, insofar as they may affect trade between the Parties: a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; c) any public state aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 21 shall be applied as regard the implementation of paragraph 1.c). 3. Each Party shall ensure transparency in the area of public state aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public state aid. 4. If any Party considers that a particular practice is incompatible with the terms of the first paragraph of this Article, and: a) is not adequately dealt with under the implementing rules referred to in paragraph 2, or b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties. 5. Notwithstanding any provisions to the contrary adopted in conformity with this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement, insofar as they may affect trade between the Parties: a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; c) any public aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c)1. 3. Each Party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid. 4. If any Party considers that a particular practice is incompatible with the terms of the first paragraph of this Article, and: a) is not adequately dealt with under the implementing rules referred to in paragraph 2, or b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties. 5. Notwithstanding any provisions to the contrary adopted in conformity with this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Rules of Competition Concerning Undertakings. State Aid 1. The following are incompatible with the proper functioning implementation of this Agreement, insofar in so far as they may affect trade between the Parties: a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; c) any public state aid which distorts, distorts or threatens to distort, distort competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c). 3. Each Party shall ensure transparency in the area of public state aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public state aid. 3. For the purpose of applying the provisions of paragraph 1 of this Article, the Parties will take the measures in conformity with the procedures and under the conditions laid down in their respective Agreements with the European Communities. In case of any change in those procedures and/or conditions these changes will be applicable between the Parties. 4. If any Party considers the Parties consider that a particular practice is incompatible with the terms of the first paragraph of this Article, and: a) is not adequately dealt with under the implementing rules referred to in paragraph 23 of this Article, or or b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. 5. With reference to In the case of practices incompatible with paragraph 1.c)) of this Article, such appropriate measuresmeasures may, when where the WTO rules are applicable to themWTO/GATT 1994 applies thereto, may only be adopted in accordance conformity with the procedures and under the conditions laid down by the WTO or by WTO/GATT 1994 and any other relevant instrument negotiated under its auspices and which are applicable to between the Parties. 56. Notwithstanding any provisions to the contrary adopted in conformity with this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.