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.
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 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. 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. Nothing in this Agreement shall be construed to prevent a Contracting Party from maintaining, designating or eliminating a monopoly.
2. Each Contracting Party shall endeavour to accord non-discriminatory treatment when designating a monopoly.
3. Each Contracting Party shall ensure that any monopoly that its national or sub-national governments maintains or designates or 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 Contracting Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative or other governmental authority that the Contracting Party has delegated to it in connection with the purchase or sale of the monopoly good or service or any other matter.8
(b) provides non-discriminatory treatment to investors of another Contracting Party and their investments in its sale of the monopoly good or service in the relevant market;
(c) provides non-discriminatory treatment to investors of another Contracting Party and their investments in its purchase of the monopoly good or service in the relevant market. This paragraph does not apply to procurement by governmental agencies of goods or services for government purposes and not with a view to commercial resale or with a view to use in the production of goods or services for commercial sale;
(d) does not use its monopoly position, in a non-monopolised market in its territory, to engage, either directly or indirectly, including through its dealing with its parent company, its subsidiary or other enterprise with common ownership, in anti- competitive practices that might adversely affect an investment by an investor of another Contracting Party, including through the discriminatory provision of the monopoly good or service, cross-subsidisation or predatory conduct.
(e) except to comply with any terms of its designation that are not inconsistent with subparagraph (b), (c) or (d), acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good or service in the relevant market, including with regard to price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale. Nothing in Article A shall be construed to prevent a monopoly from charging different prices in different geographic markets, where such differences are based on normal commercial considerations, such as tak...
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. 1. Nothing in this Agreement shall be construed to prevent a Contracting Party from maintaining, designating or eliminating a monopoly.
2. Each Contracting Party shall endeavour to accord non-discriminatory treatment when designating a monopoly.
3. Each Contracting Party shall ensure that any monopoly that its national or sub-national governments maintains or designates or 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 Contracting Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative or other governmental authority that the Contracting Party has delegated to it in connection with the purchase or sale of the monopoly good or service or any other matter.8
(b) provides non-discriminatory treatment to investors of another Contracting Party and their investments in its sale of the monopoly good or service in the relevant market;
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. 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);
