Monopolies Sample Clauses

Monopolies. 1. Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services, and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or other telecommunications-related services or telecommunications-related goods, the Party shall ensure that the monopoly does not use its monopoly position to engage in anti-competitive conduct in those markets, either directly or through its dealings with its affiliates, in such a manner as to affect adversely a person of the other Party. Such conduct may include cross-subsidization, predatory conduct and the discriminatory provision of access to public telecommunications transport networks or services. 2. To prevent such anti-competitive conduct, each Party shall adopt or maintain, as stated in paragraph 1, effective measures, such as: (a) accounting requirements; (b) requirements for structural separation; (c) rules to ensure that the monopoly accords its competitors access to and use of its public telecommunications transport networks or services on terms and conditions no less favorable than those it accords to itself or its affiliates; and (d) rules to ensure the timely disclosure of technical changes to public telecommunications transport networks and their interfaces.

Monopolies. The GATS does not forbid the existence of monopolies or exclusive service suppliers per se (Article VIII) but, as noted above, subjects them to the unconditional MFN obligation. Moreover, under Article VIII:2, Members are held to prevent such suppliers, if these are also active in sectors that are beyond the scope of their monopoly rights and covered by specific commitments, from abusing their position and act inconsistently with these commitments. In addition, Article VIII:4 requires Members to report the formation of new monopolies to the Council for Trade in Services if the relevant sector is subject to specific commitments. The provisions of Article XXI (Modification of Schedules, see following section) apply. GATS Article XI requires that Members allow international transfers and payments for current transactions relating to specific commitments. It also provides that the rights and obligations of IMF Members, under the Articles of Agreement of the Fund, shall not be affected. This is subject to the proviso that capital transactions are not restricted inconsistently with specific commitments, except under Article XII (see below) or at the request of the Fund. Footnote 8 to Article XVI further circumscribes Members' ability to restrict capital movements in sectors where they have undertaken specific commitments on cross-border trade and commercial presence.

Monopolies. 1. Where a party maintains or establish a monopoly to provide public telecommunications networks and services and the monopoly competes directly or through a branch in the provision of enhanced or value-added services or other goods or services associated with telecommunications, the Party shall ensure that the monopoly does not use its monopoly position to engage in anticompetitive practices in these markets, either directly or through its dealings with its subsidiaries, so that affects desventajosamente to a person of the other party. such practices may include the conduct and cross-subsidization predatory or discriminatory access to networks and to provide public telecommunications services. 2. Each Party shall introduce or maintain effective measures to prevent anticompetitive conduct referred to in paragraph 1, such as: a) Accounting requirements; b) Requirements for structural separation; c) Rules to ensure that the monopoly to its competitors access to their networks or telecommunications facilities and the use of the same terms and conditions on no less favourable than those it accords to itself or its affiliates; or d) Rules to ensure the timely disclosure of technical changes to public telecommunications networks and their interfaces.

Monopolies. 1. Where a Party maintains or establishes a monopoly to provide public telecommunications networks and services, and that monopoly competes, directly or through affiliates, in the manufacture or sale of telecommunications goods, in the provision of value-added services, or other telecommunications services, the Party shall ensure that the monopolist does not use its monopoly position to engage in anti-competitive practices in those markets, either directly or through dealings with its affiliates, in a manner that adversely affects a person of another Party. Prohibitions may relate to cross-subsidies between enterprises, conduct leading to abuse of dominance, and discriminatory access to public telecommunications networks and services. 2. Each Party shall adopt or maintain effective measures to prevent the anticompetitive conduct referred to in paragraph 1, such as: a) accounting requirements; b) structural separation requirements; c) rules to ensure that the monopoly grants its competitors access to and use of its telecommunications networks or services on terms and conditions no less favorable than those it grants to itself or its affiliates; or d) rules to ensure timely disclosure of technical changes to public telecommunications networks and their interfaces. 3. Each Party shall inform the other Parties of the measures referred to in paragraph 2.

Monopolies. NAFTA recognizes that each member retains the right to create monopolies in its own country. Article 1502 reads, in pertinent part: "Where a party intends to designate a monopoly and the designation may affect the interest of persons of another party, the party shall: (a) Provide prior written notification to the other party of the designation, and (b) Endeavor to introduce at the time of the designation such conditions on the operation of the monopoly as will minimize or eliminate any nullification or impairment of benefits in the sense of Annex 2004. Each party shall ensure that any government monopoly it maintains or designates: (a) Acts in a manner that is not inconsistent with the party's obligations under this Agreement, (b) Acts solely in accord with commercial considerations in its purchase or sale of the monopoly good or service in the relevant market, including its consideration for price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale, (c) Provide nondiscriminatory treatment to investors, to goods and to service providers of another party in its purchase or sale of the monopoly goods or services in the relevant market, and (d) Not use its monopoly position, either directly or indirectly, including its dealings with its parent, its subsidiary or other enterprises with common ownership, in anticompetitive practices in a nonmonopolized market in its territory that adversely affect an investment from another party. The above limitations do not apply to procurement by government agencies of goods and services for government purposes with no view toward commercial resale. While monopolies may be established they may have an adverse effect on free trade. Whenever a nation intends to allow a monopoly, it must notify the other members and attempt to fashion the monopoly in such a way as to limit its effect on NAFTA. Monopolies are required to: 1. Use only commercial considerations when selling or purchasing the goods or services of the monopoly. 2. Not discriminate against the goods or services provided by the nationals of the other NAFTA nations when buying or selling the monopoly goods or services. 3. Not use the advantages derived from being a monopoly in anticompetitive acts in nonmonopoly markets. Unlike the federal antitrust provisions, the articles on state enterprises and monopolies do not contain the exception from the dispute settlement provisions of NAFTA. A citizen or enterprise of a NA...

Monopolies. 1. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly. 2. Where a Party intends to designate a monopoly and the designation may affect the interests of persons of the other Party, the Party shall: (a) wherever possible, provide prior written notification of the designation to the other Party; and (b) endeavour to introduce at the time of the designation such conditions on the operation of the monopoly as will minimize or eliminate any nullification or impairment of benefits, within the scope of subparagraph l(c) of Article 14-2. 3. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any privately-owned monopoly that it designates and any government monopoly that it maintains or designates: (a) acts in a manner that is not inconsistent with the Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative or other governmental authority that the Party has delegated to it in connection with the monopoly good, such as the power to grant import or export licenses, approve commercial transactions or impose quotas, fees or other charges; (b) acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good in the relevant market, including with regard to price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale; except to comply with any terms of its designation that are not inconsistent with subparagraph ( c) or ( d);

Monopolies. 1. Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services, and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or other telecommunications-related services or telecommunications-related goods, the Party shall ensure that the monopoly does not use its monopoly position to engage in anti-competitive conduct in those markets, either directly or through its dealings with its affiliates, in such a manner as to affect adversely a person of the other Party. Such conduct may include cross- subsidization, predatory conduct and the discriminatory provision of access to public telecommunications transport networks or services. 2. To prevent such anti-competitive conduct, each Party shall adopt or maintain effective measures, such as:

Monopolies. The agreement does not prevent the existence of monopolies but the provisions on MFN treatment, local presence and national treatment apply. Parties have agreed to ensure that monopoly suppliers competing in the supply of services which are not normally in their scope of operations do not abuse their monopoly rights. The Committee on Trade in Services can be requested to provide information on suppliers thought to be acting contrary to the agreement. This agreement also applies to exclusive service suppliers. National and international competition policy will guide decisions on anti-competitive business practices which are not related to monopolies or exclusive supplier arrangements.

Monopolies. 1. When a Party maintains or establishes a monopoly to provide public telecommunications networks and services and the monopoly competes, directly or through subsidiaries, in the manufacture or sale of telecommunications goods, in the provision of value-added services or other services of telecommunications, the Party shall ensure that the monopoly does not use its monopolistic position to engage in anti-competitive practices in those markets, either directly or through dealings with its subsidiaries, in a manner that disadvantageously affects a person of the other party. These practices may include cross subsidies, predatory behavior and discriminatory access to networks and public telecommunications services. 2. Each Party shall introduce or maintain effective measures to prevent the anti-competitive conduct referred to in paragraph 1, such as: a) accounting requirements; b) structural separation requirements; c) rules to ensure that the monopoly grants its competitors access to its networks or telecommunications services and their use, in terms and conditions no less favorable than those granted to itself or its subsidiaries; or d) rules to ensure timely disclosure of the technical changes of public telecommunications networks and their interfaces. 3. The Parties shall exchange information on the measures referred to in paragraph 2 in a timely manner.