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 a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's obligations under specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services). 2. Where a Party’s monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services), the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in Services), it shall notify the other Party no later than three months before the intended implementation of the grant of monopoly rights, and paragraphs 1(b) and 2 of Article 7.22(Modification of Schedules) shall apply. 5. The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect： (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such suppliers in its territory.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory Area does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that the Party's ’s obligations under specific commitments in its Schedule in Annex III (Schedule Articles 9.3, 9.5 and 9.6 and paragraph 1 of Specific Commitments on Trade in Services)Article 9.4, except those covered by the non-conforming measures under Article 9. 2. Where a Party’s monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III (Schedule ’s obligations under Articles 9.3, 9.5 and 9.6 and paragraph 1 of Specific Commitments on Trade in Services)Article 9.4, except those covered by the non-conforming measures under Article 9.7, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory Area in a manner inconsistent with such commitmentsobligations. Note: For the purposes of this paragraph, the definition of the term “affiliated” provided for in subparagraph (n)(iii) of Article XXVIII of the GATS shall apply mutatis mutandis. 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party it may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operationsoperations in its Area. 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in Services), it shall notify the other Party no later than three months before the intended implementation of the grant of monopoly rights, and paragraphs 1(b) and 2 of Article 7.22(Modification of Schedules) shall apply. 5. The provisions of this This Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect：: (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such those suppliers in its territoryArea.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's ’s obligations under specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services). 2Article 19 and Article 20. Where a Party’s monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services)commitments, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. 3. If a any Party has a reason to believe that a monopoly supplier of a service of the any other Party is acting in a manner inconsistent with paragraph 1 or 2, 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 cases of exclusive service suppliers, where a Party, formally or in effect, authorises or establishes a small number of service suppliers; and substantially prevents competition among those suppliers in its territory. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in Services)commitments, it that Party shall notify the other Party Implementing Committee no later than three months before the intended implementation of the grant of monopoly rights, rights and the provisions of paragraphs 1(b) (other than the three-year restriction), 2, 3, 4, and 2 5 of Article 7.22(Modification of Schedules) 25 shall apply. 5. The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect： (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such suppliers in its territory.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's obligations under specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services)III. 2. Where a Party’s 's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services)III, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in Services)III, it that Party shall notify the other Party no later than three months before the intended implementation of the grant of monopoly rights, and paragraphs 1(b) and 2 of Article 7.22(Modification of Schedules) 8.22 shall apply. 5. The provisions of this This Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect：, (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such those suppliers in its territory.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's obligations under its specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services)commitments. 2. Where a Party’s 's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services)commitments, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. . 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. . 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in Services)commitments, it that Party shall notify the other Party no later than three 3 months before the intended implementation of the grant of monopoly rights, rights and paragraphs 1(b) ), 2, 3 and 2 4 of Article 7.22(Modification of Schedules) 120 shall apply. . 5. The provisions of this This Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect： , (a) authorises authorizes or establishes a small number of service suppliers; and suppliers and (b) substantially prevents competition among such those suppliers in its territory.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's obligations under specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services).I. 2. Where a Party’s 's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III (Schedule of Specific Commitments on Trade in Services)III, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights tights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in Services)HI, it that Party shall notify the other Party no later than three months before the intended implementation of the grant of monopoly rights, and paragraphs 1(b) and 2 of Article 7.22(Modification of Schedules) 8.22 shall apply. 5. The provisions of this This Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect：, (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such those suppliers in its territory.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's obligations under specific commitments in its Schedule in Annex III II (Schedule of Specific Commitments on Trade in Services). 2. Where a Party’s 's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule in Annex III If (Schedule of Specific Commitments on Trade in Services), the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. 3. If a Ifa Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule II,(Schedule of Specific Commitments on Trade in Services), it shall notify the other Party no later than three months before the intended implementation of the grant of monopoly rights, and paragraphs 1(b) and 2 of Article 7.22(Modification of Schedules) shall apply. 5. The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect：: (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such suppliers in its territory.

Monopolies and Exclusive Service Suppliers. 1. Each Party shall ensure that any monopoly supplier of a service in its territory Area does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's obligations under specific commitments in Article 6 (Most-Favoured- Nation Treatment) and its Schedule in Annex III (Schedule of Specific Commitments on Trade in ServicesAnnex 8-1 (Schedules of Specific Commitments). 2. Where a Party’s 's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's specific commitments in its Schedule Specific Commitments in Annex III 8-1 (Schedule Schedules of Specific Commitments on Trade in ServicesCommitments), the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory Area in a manner inconsistent with such commitments. 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, that Party may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations.. NOT IN FORCE 4. If, after the date of entry into force of this Agreement, a Party grants monopoly rights regarding the supply of a service covered by its specific commitments in its Schedule in Annex III,(Schedule of Specific Commitments on Trade in ServicesAnnex 8-1 (Schedules of Specific Commitments), it that Party shall notify the other Party no later than three months before the intended implementation of the grant of monopoly rights, and paragraphs subparagraph 1(b) and paragraph 2 of Article 7.22(Modification 17 (Modification of Schedules) shall apply. 5. The provisions of this This Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect：: (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among such those suppliers in its territoryArea.