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. 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 Xxxxxx. Xx Xxxxxxxx, Xxxxxxxxx, Xxxxxx, Xxxx and Venezuela have already made considerable progress towards liberalisation and others are following suit.
Competitive environment. The oncology marketplace is characterized by a high degree of competition generated by numerous biotechnology research companies, as well as by selected larger pharmaceutical suppliers. Significantly, a large pipeline of products with cancer indications exists among both the plethora of biotechs, and the larger PMA companies, whose products in this therapeutic area at times tend to be distinct from the companies' primary focus, or are smaller than is warranted for commercialization. Schering, Bristol Xxxxx Squibb, Roche, Pharmacia, Xxxxxxxxx Wellcome, Abbott and Zeneca are among the notable PMA's involved in oncology. Leading biotechs include Amgen, Genentech, Chrion, Biogen and Immunex. The biotechnology industry is in an early growth phase relative to many other industries. Since 1981, the FDA has approved ?? biopharmaceutical products, ?? of which are therapeutics, (?? vaccine). Today, more than 160 biotech products (a significant number of which are believed to be in oncology) are undergoing human clinical trials, many of which have reached Phase II and III trials. In terms of the total anticancer drug market, over 1,000 chemotherapy, immunotherapy, adjuvant and other products are currently in development, approximately one-third of which are in Phase I or beyond. The next few years are likely to bring significant changes to this industry as longer development times and lack of capital force consolidation among small biotechs. It is anticipated that this environment may be very receptive to alternative development and commercialization vehicles. Among the large PMA companies, competitive (and regulatory) forces have generated considerable pricing pressures. As a result, these companies look to large, differentiated products to provide needed revenues. The oncology therapeutic area is not characterized by these "high profile" drugs; is therefore not an area in which PMA's are willing to develop the unique commercialization expertise required. The Company believes that this environment will also be very interested in the Newco concept.
Competitive environment. 1. The Contracting Parties reaffirm the application of the provisions of Chapter 3 ("Competition") of Title IV of the Association Agreement to this Agreement.
2. The Contracting Parties acknowledge that it is their joint objective to have a fair and competitive environment for the operation of air services. The Contracting 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, and where neutral and non- discriminatory access to airport facilities, services, and slot allocation is ensured.
3. If one Contracting Party finds that conditions exist in the territory of the other Contracting Party, in particular due to subsidy, which would adversely affect the fair and equal oppor- tunity of its air carriers to compete, it may submit observations to the other Contracting Party. Furthermore, it may request a meeting of the Joint Committee, as provided for in Article 22 of this Agreement. Consultations shall start within 30 days of EN
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.