Common use of Rules of Competition Concerning Undertakings Clause in Contracts

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement, insofar as they may 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 public aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c). 3. Each Party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid. 4. If any Party considers 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 2, 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. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties. 5. Notwithstanding any provisions to the contrary adopted in conformity with 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. 1. The following practices are incompatible with the proper functioning of this Agreement, insofar Agreement in so far as they may affect trade between the Partiesan EFTA State and Ukraine: (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 competitioncompetition in the territory of each Party; (b) abuse by one or more undertakings of a dominant position in the territories territory of the Parties as a whole or in a substantial part thereof; c) any public aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goodseach Party. 2. The Joint Committee shallprovisions of paragraph 1 shall also apply to the activities of public undertakings, within five years and undertakings to which the Parties grant special or exclusive rights, in so far as the application of these provisions does not obstruct the performance, in law or in fact, of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c)particular public tasks assigned to them. 3. Each Nothing in paragraph 2 shall be construed as preventing a Party shall ensure transparency in the area of from establishing or maintaining a public aidenterprise, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aidentrusting enterprises with special or exclusive rights or maintaining such rights. 4. If The provisions of paragraphs 1 and 2 shall not be construed so as to create any Party considers 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 2, 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 direct obligations for such consultation. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Partiesundertakings. 5. Notwithstanding any provisions The Parties recognize the importance of cooperation and consultations with the aim of putting an end to anti-competitive practices as outlined in paragraphs 1 and 2 or their adverse effects on trade. The Parties may conduct such cooperation and consultations through their competent authorities. Cooperation shall include the exchange of pertinent information that is available to the contrary adopted Parties. No Party shall be required to disclose information that is confidential according to its law. 6. To xxxxxx understanding between the Parties, or to address any matter arising under this Chapter, and without prejudice to the autonomy of each Party to develop, maintain and enforce its competition policy and legislation, a Party may request consultations within the Joint Committee. This request shall indicate the reasons for the consultations. Consultations in conformity accordance with Article 9.3 shall be held promptly with a view to reaching a conclusion consistent with the objectives set forth in this Chapter. The Parties concerned shall give to the Joint Committee all the support and information needed. 7. With the exception of the right for consultations in accordance with paragraph 6, no Party may have recourse to dispute settlement under this Agreement for any matter arising under 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. 1. The following are incompatible with the proper functioning of this Agreement, insofar as they may 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 public state aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 21 shall be applied as regard the implementation of paragraph 1.c). 3. Each Party shall ensure transparency in the area of public state aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public state aid. 4. If any Party considers 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 2, 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. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties. 5. Notwithstanding any provisions to the contrary adopted in conformity with 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. 1. The following are incompatible with the proper functioning of this Agreement, insofar as they may 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 public aid which distorts, or threatens to distort, competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c)1. 3. Each Party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid. 4. If any Party considers 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 2, 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. With reference to practices incompatible with paragraph 1.c), such appropriate measures, when the WTO rules are applicable to them, may only be adopted in accordance with the procedures and under the conditions laid down by the WTO or by any other relevant instrument negotiated under its auspices and applicable to the Parties. 5. Notwithstanding any provisions to the contrary adopted in conformity with 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, insofar in so far as they may 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 public state aid which distorts, distorts or threatens to distort, distort competition by favoring certain undertakings or the production of certain goods. 2. The Joint Committee shall, within five years of the entry into force of this Agreement, adopt by decision the necessary rules for the implementation of paragraph 1. Until these rules are adopted, the provisions of Article 23 shall be applied as regard the implementation of paragraph 1.c). 3. Each Party shall ensure transparency in the area of public state aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public 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 any Party considers 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 23 of this Article, or 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. With reference to In the case of practices incompatible with paragraph 1.c)) of this Article, such appropriate measuresmeasures may, when where the WTO rules are applicable to themWTO/GATT 1994 applies thereto, may only be adopted in accordance conformity with the procedures and under the conditions laid down by the WTO or by WTO/GATT 1994 and any other relevant instrument negotiated under its auspices and which are applicable to between the Parties. 56. Notwithstanding any provisions to the contrary adopted in conformity with this Article, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.