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 in so far as they may affect trade between an EFTA State and Lebanon: (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 a dominant position in the territories of the Parties as a whole or in a substantial part thereof. 2. With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Parties shall ensure that as from the fourth year following the date of entry into force of this Agreement there is neither enacted nor maintained any measure distorting trade between the EFTA States and Lebanon to an extent contrary to the Parties' interests. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to these enterprises. 3. The provisions of paragraphs 1 and 2 shall not be construed such as to create any direct obligations for undertakings. 4. The Parties will enforce their respective competition legislation and shall exchange information taking into account the limitations imposed by the requirements of confidentiality. Upon request of a Party, the Parties will consult in order to facilitate the implementation of paragraph 1 and 2. 5. If a Party considers that a given practice is incompatible with the provisions of paragraphs 1 and 2, the Parties concerned shall give to the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee or if the Joint Committee fails to reach an agreement after consultations, or after thirty days following referral for such consultations, the Party concerned may adopt appropriate measures to deal with the difficulties resulting from the practice in question. The application and removal of such measures shall be governed by Article 33.

Rules of Competition Concerning Undertakings. 1. The following practices are incompatible with the proper functioning of this Agreement in so far as they may affect trade between an EFTA State and LebanonUkraine: (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 competitioncompetition in the territory of each Party; (b) abuse by one or more undertakings of a dominant position in the territories territory of the Parties as a whole or in a substantial part thereofeach Party. 2. With regard The provisions of paragraph 1 shall also apply to the activities of public enterprises undertakings, and enterprises undertakings to which the Parties grant special or exclusive rights, in so far as the application of these provisions does not obstruct the performance, in law or in fact, of the particular public tasks assigned to them. 3. Nothing in paragraph 2 shall be construed as preventing a Party from establishing or maintaining a public enterprise, entrusting enterprises with special or exclusive rights have been granted, the Parties shall ensure that as from the fourth year following the date of entry into force of this Agreement there is neither enacted nor maintained any measure distorting trade between the EFTA States and Lebanon to an extent contrary to the Parties' interests. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to these enterprisesmaintaining such rights. 34. The provisions of paragraphs 1 and 2 shall not be construed such so as to create any direct obligations for undertakings. 45. The Parties will enforce their respective competition legislation recognize the importance of cooperation and shall exchange information taking into account the limitations imposed by the requirements of confidentiality. Upon request of a Party, the Parties will consult in order to facilitate the implementation of paragraph 1 and 2. 5. If a Party considers that a given practice is incompatible consultations with the provisions aim of putting an end to anti-competitive practices as outlined in paragraphs 1 and 22 or their adverse effects on trade. The Parties may conduct such cooperation and consultations through their competent authorities. Cooperation shall include the exchange of pertinent information that is available to the Parties. No Party shall be required to disclose information that is confidential according to its law. 6. To ▇▇▇▇▇▇ understanding between the Parties, or to address any matter arising under this Chapter, and without prejudice to the autonomy of each Party to develop, maintain and enforce its competition policy and legislation, a Party may request consultations within the Joint Committee. This request shall indicate the reasons for the consultations. Consultations in accordance with Article 9.3 shall be held promptly with a view to reaching a conclusion consistent with the objectives set forth in this Chapter. The Parties concerned shall give to the Joint Committee all the assistance required support and information needed. 7. With the exception of the right for consultations in order accordance with paragraph 6, no Party may have recourse to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee or if the Joint Committee fails to reach an agreement after consultations, or after thirty days following referral dispute settlement under this Agreement for such consultations, the Party concerned may adopt appropriate measures to deal with the difficulties resulting from the practice in question. The application and removal of such measures shall be governed by Article 33any matter arising under this Article.

Rules of Competition Concerning Undertakings. Public Aid 1. The following are incompatible with the proper functioning of this Agreement Agreement, in so far as they may affect trade between an EFTA State Turkey and LebanonEstonia: (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 a dominant position in the territories of the Parties Turkey or of Estonia 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. With regard Each Party shall ensure transparency in the area of public aid inter alia by reporting annually to public enterprises the other Party on the total amount and enterprises to which special or exclusive rights have been grantedthe distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the Parties other Party shall ensure that as from the fourth year following the date provide information on particular individual cases of entry into force of this Agreement there is neither enacted nor maintained any measure distorting trade between the EFTA States and Lebanon to an extent contrary to the Parties' interests. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to these enterprisespublic aid. 3. The For the purpose of applying the provisions of paragraphs paragraph 1 of this Article, the Parties will take the measures in conformity with the procedures and 2 shall not 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 construed such as to create any direct obligations for undertakingsapplicable between the Parties. 4. The If Turkey or Estonia considers that a particular practice is incompatible with the terms of the paragraph 1 of this Article, and: (a) is not adequately dealt with under the implementing rules referred to in paragraph 3 of this Article, 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. In the case of practices incompatible with paragraph 1 (c) of this Article, such appropriate measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant instrument negotiated under its auspices which are applicable between the Parties. 6. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3 of this Article, the Parties will enforce their respective competition legislation and shall exchange information taking into account the limitations imposed by the requirements of confidentiality. Upon request of a Party, the Parties will consult in order to facilitate the implementation of paragraph 1 professional and 2business secrecy. 5. If a Party considers that a given practice is incompatible with the provisions of paragraphs 1 and 2, the Parties concerned shall give to the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee or if the Joint Committee fails to reach an agreement after consultations, or after thirty days following referral for such consultations, the Party concerned may adopt appropriate measures to deal with the difficulties resulting from the practice in question. The application and removal of such measures shall be governed by Article 33.