Common use of Competitive Safeguards Clause in Contracts

Competitive Safeguards. (a) Each Party shall maintain appropriate measures9 for the purpose of preventing major suppliers in its territory from engaging in or continuing anti- competitive practices. (b) The anti-competitive practices referred to in Article 9.2(a) shall include: (i) engaging in anti-competitive cross-subsidisation; (ii) using information obtained from competitors with anti- competitive results; (iii) not making available, on a timely basis, to suppliers of public telecommunications networks or services of the other Party, technical information about essential facilities and commercially relevant information which is necessary for them to provide services; and (iv) pricing services in a manner that is likely to unreasonably restrict competition, such as predatory pricing.

Competitive Safeguards. (a) Each Party shall maintain appropriate measures9 measures (9) for the purpose of preventing major suppliers in its territory from engaging in or continuing anti- anti-competitive practices. (b) The anti-competitive practices referred to in Article 9.2(asubparagraph (a) shall include: (i) engaging in anti-competitive cross-subsidisation; (ii) using information obtained from competitors with anti- competitive results; (iii) not making available, on a timely basis, to suppliers of public telecommunications networks or services of the other Party, technical information about essential facilities and commercially relevant information which is necessary for them to provide services; and (iv) pricing services in a manner that is likely to unreasonably restrict competition, such as predatory pricing. (9) The maintenance of appropriate measures includes the effective enforcement of such measures.

Competitive Safeguards. (a) Each Party shall maintain appropriate measures9 for the purpose of preventing major suppliers in its territory from engaging in or continuing anti- competitive anticompetitive practices. (b) The anti-competitive practices referred to in Article 9.2(a) shall include: (i) engaging in anti-competitive cross-subsidisation; (ii) using information obtained from competitors with anti- competitive anticompetitive results; (iii) not making available, on a timely basis, to suppliers of public telecommunications networks or services of the other Party, technical information about essential facilities and commercially relevant information which is necessary for them to provide services; and (iv) pricing services in a manner that is likely to unreasonably restrict competition, such as predatory pricing.