Monopolies. In sectors where specific commitments have been made, each Party shall ensure that its commitments relating to market access and national treatment pursuant to Articles 17 and 18 are not adversely affected by the actions of a monopoly supplier of a service in its territory.
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.
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. Payments and Transfers 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. Nothing in this Agreement shall be construed to prevent a Contracting Party from maintaining, designating or eliminating a monopoly.
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.
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.
Monopolies. 1. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.
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:
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. Good Employmen t Origin of services No te No te t his!
