Monopolies and State Enterprises Sample Clauses

Monopolies and State Enterprises. 1. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly, or from maintaining or establishing a state enterprise.

Monopolies and State Enterprises. 1. Each Party undertakes to ensure that its state enterprises grant to legal or natural persons of the other Parties non- discriminatory treatment in its territory with respect to the sale of goods and provision of services for similar commercial operations.

Monopolies and State Enterprises. 1. For the purposes of this Article: delegation includes a legislative grant, and a government order, directive or other act transferring to the monopoly, or authorizing the exercise by the monopoly of, governmental authority; and maintain means established prior to the date of entry into force of this Agreement and existing on that date.

Monopolies and State Enterprises. In a sector where a state monopoly exists there is obviously no room for private investors, be they foreign or domestic. The presence of state enterprises with exclusive rights may have similar consequences. The Expert Group is considering how to cope with this on the basis of more or less satisfactory rules in other agreements such as GATT, GATS and NAFTA. In order not to interfere with competition policy, the experts have agreed that a MAI provision should concentrate on monopolies and state enterprises that have been designated or given an exclusive right by the government. There is agreement that national and most favoured treatment should apply to covered monopolies and state enterprises, i.e. they should not be allowed to discriminate foreign investors, for example, in their sales of goods or services. The same standard should apply to government designated monopolies that are exclusive buyers of goods or services. Generally speaking, however, experts are of the view that MAI should not cover government or public procurement.