Common use of Monopolies and Exclusive Service Suppliers Clause in Contracts

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of aservice in its Area does not, in the supply of the monopolyservice in the relevant market, act in a manner inconsistentwith the Party's commitments under this Chapter. 2. Where a Party's monopoly supplier competes, eitherdirectly or through an affiliated juridical person, in thesupply of a service outside the scope of its monopoly rightsand which is subject to that Party's specific commitments, theParty shall ensure that such a supplier does not abuse itsmonopoly position to act in the Area of the Party in a mannerinconsistent with such commitments. 3. If a Party has a reason to believe that a monopoly supplierof a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, it may request the other Party to provide specific information concerning the relevant operations. 4. The provisions of this Article shall also apply to casesof exclusive service suppliers, where a Party, formally or ineffect: (a) authorizes or establishes a small number of service suppliers; and (b) substantially prevents competition among thosesuppliers in its Area.

Appears in 7 contracts

Samples: edit.wti.org, edit.wti.org, edit.wti.org

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Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of aservice a service in its Area does not, in the supply of the monopolyservice monopoly service in the relevant market, act in a manner inconsistentwith the inconsistent with that Party's commitments ’s obligations under this Chapter. 2specific commitments. Where a Party's ’s monopoly supplier competes, eitherdirectly either directly or through an affiliated juridical personcompany, in thesupply the supply of a service outside the scope of its monopoly rightsand rights and which is subject to that Party's ’s specific commitments, theParty the Party shall ensure that such a supplier does not abuse itsmonopoly its monopoly position to act in the its Area of the Party in a mannerinconsistent manner inconsistent with such commitments. 3. If a any Party has a reason to believe that a monopoly supplierof supplier of a service of the any other Party is acting in a manner inconsistent with paragraph 1 or 2, it that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. 4. The provisions of this Article shall also apply to casesof cases of exclusive service suppliers, where a Party, formally or ineffectin effect: (a) authorizes authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among thosesuppliers those suppliers in its Area.

Appears in 1 contract

Samples: Trade Agreement

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Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of aservice ofa service in its Area territory does not, in the supply of the monopolyservice themonopoly service in the relevant market, act in a manner inconsistentwith mannerinconsistent with the Party's commitments under this Chapterspecific commitments. 2. Where a Party's monopoly supplier competes, eitherdirectly or through an affiliated juridical personcompany, in thesupply of a the supply ofa service outside the scope of its monopoly rightsand which rights andwhich is subject to that Party's specific commitments, theParty shall ensure that such a supplier does not abuse itsmonopoly position to act in the Area of the Party its territory in a mannerinconsistent with such commitments. 3. If a Party has a reason to believe that a monopoly supplierof monopolysupplier of a service of the other Party is acting in a manner amanner inconsistent with paragraph 1 or 22 above, it may request mayrequest the other Party to provide specific information concerning informationconcerning the relevant operations. 4. The provisions of this Article shall also apply to casesof tocases of exclusive service suppliers, where a Party, ,formally or ineffectin effect: (a) authorizes authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among thosesuppliers in its Areaterritory.

Appears in 1 contract

Samples: edit.wti.org

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