Common use of RESTRICTIVE BUSINESS PRACTICES Clause in Contracts

RESTRICTIVE BUSINESS PRACTICES. 1. Member States recognize that the following practices are incompatible with this Annex in so far as they frustrate the benefits expected from such removal or absence of duties and quantitative restrictions as is required by this Annex-- (a) agreements between enterprises, decisions by associations of enterprises and concerted practices between enterprises which have as their object or result the prevention, restriction distortion of competition within the Common Market; (b) actions by which one or more enterprises taken unfair advantage of a dominant position, within the Common Market or a substantial part of it. 2. If any practice of the kind described in paragraph 1 of this Article is referred to the Council in accordance with Article 11 of this Annex the Council may, in any recommendation in accordance with paragraph 3 or in any decision in accordance with paragraph 4 of that Article, make provision for publication of a report on the circumstances of the matter. (a) In the light of experience, the Council shall, as soon as practicable, consider whether further or different provisions are necessary to deal with the effect of restrictive business practices or dominant enterprises on the trade within the Common Market. (b) Such review shall include consideration of the following matters-- (i) specification of restrictive business practices or dominant enterprises with which the Council should be concerned; (ii) methods of securing information about restrictive business practices or dominant enterprises; (iii) procedures for investigation; (iv) whether the right to initiate inquiries should be conferred on the Council. The Council may decide to make the provisions found necessary as a result of the review envisaged in sub-paragraphs (a) and (b) of this paragraph. 4. Member States undertake to introduce as soon as practicable uniform legislation for the control of restrictive practices by business enterprises giving particular attention to the practices referred to in paragraph I of this Article.

Appears in 3 contracts

Samples: Treaty, Treaty, Caricom Free Trade Agreement

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RESTRICTIVE BUSINESS PRACTICES. 1. Member States recognize Territories recognise that the following practices are incompatible with this Annex Agreement in so far as they frustrate the benefits expected from such removal or absence of duties and quantitative restrictions as is required by this Annex--Agreement - (a) agreements between enterprises, decisions by associations of enterprises and concerted practices between enterprises which have as their object or result the prevention, restriction restrictions or distortion of competition within the Common MarketArea; (b) actions by which one or more enterprises taken take unfair advantage of a dominant position, position within the Common Market Area or a substantial part of it. 2. If any practice of the kind described in paragraph 1 of this Article is referred to the Council in accordance with Article 11 of this Annex 26, the Council may, in any recommendation in accordance with paragraph 3 or in any decision in accordance with paragraph 4 of that Article, make provision for publication of a report on the circumstances of the matter. (a) In the light of experienceexperience gained, the Council shallshall consider before 30th April 1970, as soon as practicable, and may consider at any time thereafter whether further or different provisions are necessary to deal with the effect of restrictive business practices or dominant enterprises on the inter-territorial trade within of the Common MarketArea. (b) Such review shall include consideration of the following matters--matters - (i1) specification of the restrictive business practices or dominant enterprises with which the Council should be concerned; (ii2) methods of securing information about restrictive business practices or dominant enterprises; (iii3) procedures for investigation; investigations; (iv4) whether the right to initiate inquiries should be conferred on the Council. . (c) The Council may decide to make the provisions found necessary as a result of the review envisaged in sub-sub paragraphs (a) and (b) of this paragraph. 4. Member States undertake to introduce as soon as practicable uniform legislation for the control of restrictive practices by business enterprises giving particular attention to the practices referred to in paragraph I of this Article.

Appears in 1 contract

Samples: Agreement Establishing the Caribbean Free Trade Association (Carifta)

RESTRICTIVE BUSINESS PRACTICES. 1. Member States recognize Territories recognise that the following practices are incompatible with this Annex Agreement in so far as they frustrate the benefits expected from such removal or absence of duties and quantitative restrictions as is required by this Annex--Agreement - (a) agreements agreement between enterprises, decisions by associations association of enterprises and concerted practices between enterprises which have as their object or result the prevention, restriction or distortion of competition within the Common Marketarea; (b) actions by which one or more enterprises taken take unfair advantage of a dominant position, position within the Common Market Area or a substantial part of it. 2. If any practice of the kind described in paragraph 1 of this Article is referred to the Council in accordance with Article 11 of this Annex 26, the Council may, in any recommendation in accordance with paragraph 3 or in any decision in accordance with paragraph 4 of that Article, make provision for publication of a report on the circumstances of the matter. (a) In the light of experienceexperience gained, the Council shallshall consider before 31st December,1967, as soon as practicable, and may consider at any time thereafter whether further or different provisions are necessary to deal with the effect of restrictive business practices or dominant enterprises on the inter-territorial trade within of the Common MarketArea. (b) Such review shall include consideration of the following matters--matters - (i) specification of the restrictive business practices or dominant enterprises with which the Council should be concerned; (ii) methods of securing information about restrictive business practices or dominant enterprises; (iii) procedures for investigation; investigations; (iv) whether the right to initiate inquiries should be conferred on the Council. . (c) The Council may decide to make the provisions found necessary as a result of the review envisaged in sub-paragraphs (a) and (b) of this paragraph. 4. Member States undertake to introduce as soon as practicable uniform legislation for the control of restrictive practices by business enterprises giving particular attention to the practices referred to in paragraph I of this Article.

Appears in 1 contract

Samples: Agreement Establishing the Caribbean Free Trade Association

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RESTRICTIVE BUSINESS PRACTICES. 1. Member States recognize Territories recognise that the following practices are incompatible with this Annex Agreement in so far as they frustrate the benefits expected from such removal or absence of duties and quantitative restrictions as is required by this Annex--Agreement - (a) agreements agreement between enterprises, decisions by associations association of enterprises and concerted practices between enterprises which have as their object or result the prevention, restriction or distortion of competition within the Common Marketarea; (b) actions by which one or more enterprises taken take unfair advantage of a dominant position, position within the Common Market Area or a substantial part of it. 2. If any practice of the kind described in paragraph 1 of this Article is referred to the Council in accordance with Article 11 of this Annex 26, the Council may, in any recommendation in accordance with paragraph 3 or in any decision in accordance with paragraph 4 of that Article, make provision for publication of a report on the circumstances of the matter. (a) In the light of experienceexperience gained, the Council shallshall consider before 31st December,1967, as soon as practicable, and may consider at any time thereafter whether further or different provisions are necessary to deal with the effect of restrictive business practices or dominant enterprises on the inter- territorial trade within of the Common MarketArea. (b) Such review shall include consideration of the following matters--matters - (i) specification of the restrictive business practices or dominant enterprises with which the Council should be concerned; (ii) methods of securing information about restrictive business practices or dominant enterprises; (iii) procedures for investigation; investigations; (iv) whether the right to initiate inquiries should be conferred on the Council. . (c) The Council may decide to make the provisions found necessary as a result of the review envisaged in sub-paragraphs (a) and (b) of this paragraph. 4. Member States undertake to introduce as soon as practicable uniform legislation for the control of restrictive practices by business enterprises giving particular attention to the practices referred to in paragraph I of this Article.

Appears in 1 contract

Samples: Caribbean Free Trade Association Agreement

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