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 negatively affect trade between the Contracting Parties: (a) all agreements between undertakings, decisions by associations of undertakings or 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 whole territory of one of the Contracting Parties or in a substantial part thereof. 2. The provisions of paragraph 1 of this Article shall apply to the activities of all undertakings including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or those having the character of a revenue-producing monopoly, shall be subject to provisions of paragraph 1 of this Article insofar 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. With regard to products referred to in Chapter II of this Agreement the provisions of paragraph 1 a) of this Article shall not apply to such agreements, decisions and practices which form an integral part of a national market organisation. 4. If either Contracting Party considers that a given practice is incompatible with paragraphs 1, 2 and 3 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry, it may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 30 of this Agreement.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement insofar as they may negatively affect trade between the Contracting Parties: (a) all agreements between undertakings, decisions by associations of undertakings or 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 whole territory of one of the Contracting Parties or in a substantial part thereof. 2. The provisions of paragraph 1 of this Article shall apply to the activities of all undertakings including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or those having the character of a revenue-producing monopoly, shall be subject to provisions of paragraph 1 of this Article insofar 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. With regard to products referred to in Chapter II of this Agreement the provisions of paragraph 1 a) of this Article shall not apply to such agreements, decisions and practices which form an integral part of a national market organisation. 4. If either Contracting Party considers that a given practice is incompatible with paragraphs 1, 2 and 3 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry, it may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 30 of this Agreement.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement insofar as they may negatively affect trade between the Contracting Parties: (a) all agreements between undertakings, decisions by associations of undertakings or 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 whole territory of one territories of the Contracting Parties as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 of this Article shall apply to the activities of all undertakings including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or those having the character of a revenue-producing monopoly, shall be subject to provisions of paragraph 1 of this Article insofar 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. With regard to agricultural products referred to in Chapter II of this Agreement the provisions of paragraph 1 (a) of this Article shall not apply to such agreements, decisions and practices which form an integral part of a national market organisation. 4. If either a Contracting Party considers that a given practice is incompatible with paragraphs 1, 2 and 3 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry, it may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 30 32 of this Agreement.

Appears in 1 contract

Samples: Free Trade Agreement

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement insofar in so far as they may negatively affect trade between the Contracting Parties: (a) all agreements between undertakings, decisions by associations of undertakings or 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 whole territory of one territories of the Contracting Parties as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 of this Article (a) and (b) shall apply to the activities of all undertakings including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or those having the character of a revenue-revenue producing monopoly, shall be subject to provisions of paragraph 1 of this Article (a) and (b) insofar 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. With regard to products referred to in Chapter II of this Agreement the provisions of stipulated in paragraph 1 (a) of this Article shall not apply to such agreements, decisions and practices which form an integral part of a national market organisationorganization. 4. If either Contracting a Party considers that a given practice is incompatible with paragraphs 1, 1 (a) and (b) and paragraph 2 and 3 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry, it the Party concerned may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 30 of this Agreement.

Appears in 1 contract

Samples: Free Trade Agreement

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Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement insofar in so far as they may negatively affect trade between the Contracting Partiesan EFTA State and Hungary: (a) all agreements between undertakings, decisions by associations of undertakings or 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 whole territory of one territories of the Contracting States, Parties to this Agreement, as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 of this Article shall apply to the activities of all undertakings undertakings, including public undertakings and undertakings to which the Contracting Parties grant a State, Party to this Agreement, grants special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or those having the character of a revenue-producing monopoly, monopoly shall be subject to provisions of paragraph 1 of the rules contained in this Article insofar Article, in so far as the application of these provisions such rules does not obstruct the performance, in law or in fact, of the particular public tasks assigned to them. 3. With regard If a State, Party to products referred to in Chapter II of this Agreement the provisions of paragraph 1 a) of this Article shall not apply to such agreementsAgreement, decisions and practices which form an integral part of a national market organisation. 4. If either Contracting Party considers that a given practice is incompatible with paragraphs 1, 2 1 and 3 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry2, it may take appropriate measures it considers necessary to deal with the serious difficulties resulting from the practices in question, under the conditions and in accordance with the procedure procedures laid down in Article 30 of this Agreement26.

Appears in 1 contract

Samples: Free Trade Agreement

Rules of Competition Concerning Undertakings. 1. The following are incompatible with the proper functioning of this Agreement insofar as they may negatively affect trade between the Contracting Parties: (a) all agreements between undertakings, decisions by associations of undertakings or 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 whole territory of one territories of the Contracting Parties as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 of this Article shall apply to the activities of all undertakings including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or those having the character of a revenue-producing monopoly, shall be subject to provisions of paragraph 1 of this Article insofar 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. With regard to agricultural products referred to in Chapter II of this Agreement the provisions of paragraph 1 a) a. of this Article shall not apply to such agreements, decisions and practices which form an integral part of a national market organisationorganization. 4. If either a Contracting Party considers that a given practice is incompatible with paragraphs 1, 2 and 3 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry, it may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 30 23 of this Agreement.

Appears in 1 contract

Samples: Free Trade Agreement

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