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- Chapter Fifteen
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- Competition Policy, Monopolies and State Enterprises
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- Article 1501: Competition Law
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- 1. Each Party shall adopt or maintain measures to proscribe
- anti-competitive business conduct, and shall take appropriate
- action with respect thereto, recognizing that such measures will
- enhance the fulfillment of the objectives of this Agreement. To
- this end the Parties shall consult from time to time about the
- effectiveness of measures undertaken by each Party.
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- 2. Each Party recognizes the importance of cooperation and
- coordination among their authorities to further effective
- competition law enforcement in the free trade area. The Parties
- shall cooperate on issues of competition law enforcement policy,
- including mutual legal assistance, notification, consultation and
- exchange of information relating to the enforcement of
- competition laws and policies in the free trade area.
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- 3. No Party may have recourse to dispute settlement under this
- Agreement for any matter regarding this Article.
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- Article 1502: Monopolies and State Enterprises
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- 1. Nothing in this Agreement shall prevent a Party from
- designating a monopoly.
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- 2. Where a Party intends to designate a monopoly, and the
- designation may affect the interests of persons of another Party,
- the Party shall:
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- (a) wherever possible, provide prior written notification
- to the other Party of the designation; and
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- (b) endeavor to introduce at the time of designation such
- conditions on the operation of the monopoly as will
- minimize or eliminate any nullification or impairment
- of benefits under this Agreement, in the sense of
- Annex 2004.
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- 3. Each Party shall ensure, through regulatory control,
- administrative supervision or the application of other measures,
- that any privately-owned monopoly that it designates and any
- government monopoly that it maintains or designates:
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- (a) acts in a manner that is not inconsistent with the
- Party's obligations under this Agreement whenever such
- monopoly exercises any regulatory, administrative, or
- other governmental authority that the Party has
- delegated to it in connection with the monopoly good or
- service, such as the power to grant import or export
- licenses, approve commercial transactions or impose
- quotas, fees or other charges;
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- (b) except to comply with any terms of its designation that
- are not inconsistent with subparagraph (c) or (d), acts
- solely in accordance with commercial considerations in
- its purchase or sale of the monopoly good or service in
- the relevant market, including with regard to price,
- quality, availability, marketability, transportation
- and other terms and conditions of purchase or sale;
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- (c) provides non-discriminatory treatment to investments of
- investors, to goods, and to service providers of
- another Party in its purchase or sale of the monopoly
- good or service in the relevant market; and
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- (d) does not use its monopoly position to engage, either
- directly or indirectly, including through its dealings
- with its parent, subsidiary, or other enterprise with
- common ownership, in anticompetitive practices in a
- non-monopolized market in its territory that adversely
- affect an investment of an investor of another Party,
- including through the discriminatory provision of the
- monopoly good or service, cross-subsidization or
- predatory conduct.
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- 4. Paragraph 3 shall not apply to the procurement by
- governmental agencies of a good or service for governmental
- purposes and not with a view to commercial resale or with a view
- to use in the production of goods or provisions of services for
- commercial sale.
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- Article 1503: State Enterprises
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- 1. Nothing in this Agreement shall prevent a Party from
- maintaining or establishing a state enterprise.
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- 2. Each Party, shall ensure, through regulatory control,
- administrative supervision or the application of other measures,
- that any state enterprise that it maintains or establishes acts
- in a manner that is not inconsistent with the Party's obligations
- under Chapter Eleven (Investment) wherever such enterprise
- exercises any regulatory, administrative or other governmental
- authority that the Party has delegated to it, such as the power
- to expropriate, grant licenses, approve commercial transactions
- or impose quotas, fees or other charges.
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- 3. Each Party shall ensure that any state enterprise that it
- maintains or establishes accords nondiscriminatory treatment in
- the sale of its goods or services to investments in the Party's
- territory of investors of another Party.
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- Article 1504: Working Group on Trade and Competition
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- The Commission shall establish a Working Group on Trade and
- Competition, comprising representatives of each Party, to report,
- and to make recommendations on further work as appropriate, to
- the Commission within five years after the date of entry into
- force of the Agreement on relevant issues concerning the
- relationship between competition laws and policies and trade in
- the free trade area.
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- Article 1505: Definitions
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- For purposes of this Chapter:
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- in accordance with commercial considerations means consistent
- with normal business practices of privately-held enterprises in
- the relevant business or industry;
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- designate means to establish, designate or authorize, or to
- expand the scope of, a monopoly to cover an additional good or
- service, after the date of entry into force of this Agreement;
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- discriminatory provision includes treating a parent, subsidiary,
- or other enterprise with common ownership more favorably than an
- unaffiliated enterprise, or treating one class of enterprises
- more favorably than another, in like circumstances;
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- government monopoly means a monopoly that is owned, or controlled
- through ownership interests, by the federal government of a Party
- or by another such monopoly;
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- market means the geographic and commercial market for a good or
- service;
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- monopoly means an entity, including any consortium or government
- agency that in any relevant market in the territory of a Party is
- designated as the sole provider or purchaser of a good or
- service, but does not include any entity that has been granted an
- exclusive intellectual property right solely by reason of such
- grant;
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- non-discriminatory treatment means the better of national or
- most-favored-nation treatment, and
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- state enterprise means, except as set out in Annex 1505.1, an
- enterprise owned, or controlled through ownership interests, by a
- Party.
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- ANNEX 1505.1
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- State Enterprises
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- For purposes of Article 1503(3), "state enterprise" means,
- with respect to Canada, a Crown Corporation within the meaning of
- the Financial Administration Act (Canada) or a Crown corporation
- within the meaning of any comparable provincial legislation or
- that is incorporated under other applicable provincial
- legislation.
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