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 in so far as they may affect trade between an EFTA State and Tunisia: (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 a dominant position in the territories of the Parties as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 shall also apply to the activities of public undertakings, and undertakings for 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 particular public tasks assigned to them. 3. The provisions of paragraphs 1 and 2 shall not be construed such as to create any direct obligations for undertakings. 4. If a Party considers that a given practice is incompatible with the provisions of paragraphs 1 and 2, the Parties concerned shall give to the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee or if the Joint Committee fails to reach an agreement after consultations, or after thirty days following referral for such consultations, the Party concerned may adopt appropriate measures to deal with the difficulties resulting from the practice in question. The application and removal of such measures shall be governed by Article 37.

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement in so far as they may affect trade between an EFTA State and TunisiaCroatia: (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 a dominant position in the territories of the Parties as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 shall also apply to the activities of public undertakings, and undertakings for 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 particular public tasks assigned to them. 3. The provisions of paragraphs 1 and 2 shall not be construed such as to create any direct obligations for undertakings. 4. If a Party considers that a given practice is incompatible with the provisions of paragraphs 1 and 2, the Parties concerned shall give to the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee or if the Joint Committee fails to reach an agreement after consultations, or after thirty days following referral for such consultations, the Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question. The application and removal of such measures shall be governed by Article 3728.

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement in so far as they may affect trade between an EFTA State and TunisiaMontenegro: (a) 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;; and (b) b. abuse by one or more undertakings of a dominant position in the territories territory of the Parties a Party as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 shall also apply to the activities of public undertakings, undertakings and undertakings for which the Parties grant a Party grants 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 particular public tasks assigned to them. 3. The provisions of paragraphs 1 and 2 shall not be construed such as to create any direct obligations for undertakings. 4. If a Party considers that a given practice is incompatible with the provisions of paragraphs 1 and 2, it may request consultations in the Joint Committee. The Parties concerned shall give to the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question concerned fails to put an end to the practice objected to within the period fixed set by the Joint Committee Committee, or if the Joint Committee fails to reach an agreement after consultations, or after thirty 30 days following referral for such consultations, the Party concerned requesting consultations may adopt appropriate measures to deal with the difficulties resulting from the practice in question. The application and removal of such measures shall be governed by Article 37.