Traduction de «Clause which is not restrictive competition » (Anglais → Français) :

However, the Commission noted that two clauses included in the contract do restrict competition, in particular by limiting competitors' access to a certain type of contents, but that these clauses can be exempted under Article 85(3) of the EC Treaty for three years, which is the crucial period of TPS's launch.

RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the Union and Cape Verde which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for tak ...[+++]ing measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,

Such cooperation will in particular focus on the following: (a) market access and liberalization of trade, the study and stablishment of programmes for the reciprocal liberalization of trade, in particular the timetable and structure of negotiations, transitional periods, etc.; (b)tariff and non-tariff barriers, quantitative restrictions on imports and exports and measures having equivalent effect: analyses, studies and management, including quotas, administrative standards applied to external trade, anti-dumping duties, safeguard clauses, technical standards, health and plant health standards, mutual recognition of certification system ...[+++]s, etc; (c)the Parties' tariff structure; (d)compatibility of trade liberalization with WTO rules; (e)identification of potential tariff reductions and elimination of quasi-tariff measures; (f)definition of sensitive products and products given priority by the Parties; (g)cooperation and exchange of information as regards the rendering of services, within the Parties' respective areas of responsibility, on transport, insurance and financial services; (h)monitoring of practices restricting competition; (i)rules of origin which promote the use of regional inputs with a view to encouraging integration.

( 8 ) WHEREAS THIS REGULATION MUST DEFINE THE OBLIGATIONS RESTRICTING COMPETITION WHICH MAY BE INCLUDED IN EXCLUSIVE DISTRIBUTION AGREEMENTS ; WHEREAS THE OTHER RESTRICTIONS ON COMPETITION ALLOWED UNDER THIS REGULATION IN ADDITION TO THE EXCLUSIVE SUPPLY OBLIGATION PRODUCE A CLEAR DIVISION OF FUNCTIONS BETWEEN THE PARTIES AND COMPEL THE EXCLUSIVE DISTRIBUTOR TO CONCENTRATE HIS SALES EFFORTS ON THE CONTRACT GOODS AND THE CONTRACT TERRITORY ; WHEREAS THEY ARE , WHERE THEY ARE AGREED ONLY FOR THE DURATION OF THE AGREEMENT , GENERALLY NECESSARY IN ORDER TO ATTAIN THE IMPROVEMENT IN THE DISTRIBUTION OF GOODS SOUGHT THROUGH EXCLUSIVE DISTRIBUTION ; WHEREAS IT MAY BE LEFT TO THE CONTRACTING PARTIES TO DECIDE WHICH OF THESE OBLIGATIONS THEY INCL ...[+++]UDE IN THEIR AGREEMENTS ; WHEREAS FURTHER RESTRICTIVE OBLIGATIONS AND IN PARTICULAR THOSE WHICH LIMIT THE EXCLUSIVE DISTRIBUTOR'S CHOICE OF CUSTOMERS OR HIS FREEDOM TO DETERMINE HIS PRICES AND CONDITIONS OF SALE CANNOT BE EXEMPTED UNDER THIS REGULATION ;

( 8 ) WHEREAS THIS REGULATION MUST DEFINE THE OBLIGATIONS RESTRICTING COMPETITION WHICH MAY BE INCLUDED IN AN EXCLUSIVE PURCHASING AGREEMENT ; WHEREAS THE OTHER RESTRICTIONS OF COMPETITION ALLOWED UNDER THIS REGULATION IN ADDITION TO THE EXCLUSIVE PURCHASING OBLIGATION LEAD TO A CLEAR DIVISION OF FUNCTIONS BETWEEN THE PARTIES AND COMPEL THE RESELLER TO CONCENTRATE HIS SALES EFFORTS ON THE CONTRACT GOODS ; WHEREAS THEY ARE , WHERE THEY ARE AGREED ONLY FOR THE DURATION OF THE AGREEMENT , GENERALLY NECESSARY IN ORDER TO ATTAIN THE IMPROVEMENT IN THE DISTRIBUTION OF GOODS SOUGHT THROUGH EXCLUSIVE PURCHASING ; WHEREAS FURTHER RESTRICTIVE OBLIGATIONS AND IN PARTICULAR THOSE WHICH LIMIT THE RESELLER'S CHOICE OF CUSTOMERS OR HIS FREEDOM TO DETER ...[+++]MINE HIS PRICES AND CONDITIONS OF SALE CANNOT BE EXEMPTED UNDER THIS REGULATION ;

- 2 - As in the previous decisions, the Computerland system is, however, deemed to restrict competition within the meaning of Article 85(1) of the EEC Treaty because of the so-called location clause, which implies that franchisees may not open more than one outlet unless specifically authorised by the franchisor, and in view of the exclusive territory surrounding each franchisee's outlt, in which no other Computerland outlets can be established.