Common use of Rules of Competition Concerning Undertakings, State Aid Clause in Contracts

Rules of Competition Concerning Undertakings, State Aid. 1. The following are incompatible with the proper functioning of this Agreement, in so far as they affect trade between the Parties: (a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; (b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; (c) any state aid which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods. 2. Each Party shall ensure transparency in the area of state aid. Upon request by one Party, the other Party shall provide information on particular individual cases of state aid. 3. For the purpose of applying the provisions of paragraph 1 of this Article, the Parties will take the measures in conformity with the procedures and under the conditions laid down in their respective Agreements with the European Communities. In case of any change in those procedures and/or conditions these changes will be applicable between the Parties. 4. If the Parties consider that a particular practice is incompatible with the terms of the first paragraph of this Article, and: (a) is not adequately dealt with under the implementing rules referred to in paragraph 3 of this Article, or; (b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. 5. In the case of practices incompatible with paragraph 1(c) of this Article, such appropriate measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant instrument negotiated under its auspices which are applicable between the Parties. 6. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3 of this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Rules of Competition Concerning Undertakings, State Aid. 1. The following are incompatible with the proper functioning implementation of this Agreement, in so far as they affect trade between the Parties: (a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; (b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; (c) any state aid which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods. 2. Each Party shall ensure transparency in the area of state aid. Upon request by one Party, the other Party shall provide information on particular individual cases of state aid. 3. For the purpose of applying the provisions of paragraph 1 of this Article, the Parties will take the measures in conformity with the procedures and under the conditions laid down in their respective Agreements with the European Communities. In case of any change in those procedures and/or conditions these changes will be applicable between the Parties. 4. If the Parties consider that a particular practice is incompatible with the terms of the first paragraph of this Article, and: (a) is not adequately dealt with under the implementing rules referred to in paragraph 3 of this Article, or; (b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. 5. In the case of practices incompatible with paragraph 1(c1 (c) of this Article, such appropriate measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant instrument negotiated under its auspices which are applicable between the Parties. 6. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3 of this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Rules of Competition Concerning Undertakings, State Aid. 1. The following are incompatible with the proper functioning implementation of this Agreement, in so far as they affect trade between the Parties: (a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; (b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; (c) any state aid which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods. 2. Each Party shall ensure transparency in the area of state aid. Upon request by one Party, the other Party shall provide information on particular individual cases of state aid. 3. For the purpose of applying the provisions of paragraph 1 of this Article, the Parties will take the measures in conformity with the procedures and under the conditions laid down in their respective Agreements with the European Communities. In case of any change in those procedures and/or conditions these changes will be applicable between the Parties. 4. If the Parties consider that a particular practice is incompatible with the terms of the first paragraph of this Article, and: (a) is not adequately dealt with under the implementing rules referred to in paragraph 3 of this Article, or; (b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, industry it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. 5. In the case of practices incompatible with paragraph 1(c1.c) of this Article, such appropriate measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant instrument negotiated under its auspices which are applicable between the Parties. 6. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3 of this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

Rules of Competition Concerning Undertakings, State Aid. 1. The following are incompatible with the proper functioning of this Agreement, in so far as they affect trade between the Parties: (a) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; (b) abuse by one or more undertakings of dominant position in the territories of the Parties as a whole or in a substantial part thereof; (c) any state aid which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods. 2. Each Party shall ensure transparency in the area of state aid. Upon request reques t by one Party, the other Party shall provide information on particular individual cases of state aid. 3. For the purpose of applying the provisions of paragraph 1 of this Article, the Parties will take the measures in conformity with the procedures and under the conditions laid down in their respective Agreements with the European Communities. In case of any change in those procedures and/or conditions these changes will be applicable between the Parties. 4. If the Parties consider that a particular practice is incompatible with the terms of the first paragraph of this Article, and: (a) is not adequately dealt with under the implementing rules referred to t o in paragraph 3 of this Article, or; (b) in the absence of such rules, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry, it may take appropriate measures after consultation within the Joint Committee or after thirty working days following referral for such consultation. 5. In the case of practices incompatible with paragraph 1(c) of this Article, such appropriate measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant instrument negotiated under its auspices which are applicable between the Parties. 6. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3 of this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.