Common use of Monopolies Clause in Contracts

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. 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 anticompetitive 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 another Party. Such conduct may include cross-cross- subsidization, predatory conduct and the discriminatory provision of access to public telecommunications transport networks or services. 2. To prevent such anti-competitive anticompetitive conduct, each Party shall adopt or maintain, as stated in paragraph 1, maintain 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; andor (d) rules to ensure the timely disclosure of technical changes to public telecommunications transport networks and their interfaces.