Traduction de «Entreprises n'ayant aucun rapport entre elles » (Français → Anglais) :

3. Whenever it appears to the Commission, either on the basis of the reports referred to in paragraph 2 or on the basis of other information, that a third country does not grant undertakings having their seat or their principal fields of activity in the Community, treatment comparable to that granted by the Community to undertakings from that country, the Commission may submit proposals to the Council for an appropriate mandate for negotiation with a view to obtaining comp ...[+++]arable treatment for undertakings having their seat or their principal fields of activity in the Community.

2. With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Association Committee shall ensure that, following the date of entry into force of this Agreement, there is neither enacted nor maintained any measure distorting trade in goods or services between the Parties to an extent contrary to the Parties' interests and that such enterprises shall be subject to the rules of competition inso ...[+++]far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.

91. The CFI dismissed the application by stating, inter alia, that there was no legal precedent suggesting that the notion of "economic links" was restricted to the notion of structural links between the undertakings concerned: According to the CFI, "there is no reason whatsoever in legal or economic terms to exclude from the notion of economic links the relationship of interdependence existing between the parties to a tight oligopoly within which, in a market with the appropriate characteristics, in particular in terms of market concentration, transparency and product homogeneity, those parties are in a position to anticipate one anothe ...[+++]r's behaviour and are therefore strongly encouraged to align their conduct in the market, in particular in such a way as to maximise their joint profits by restricting production with a view to increasing prices.

This activity would, as far as comparison is concerned, be permitted when the following conditions were met: - it is not misleading according to Directive 84/450/EEC; - it compares goods or services meeting the same needs or intended for the same purpose; - it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; - it does not create confusion in the market place between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor; - it does not di ...[+++]scredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services or activities of a competitor; - for products with designation of origin, it relates in each case to products with the same designation (account should be taken here of the provisions resulting from Regulation No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, in particular Article 13 thereof, as well as the other Community provisions adopted in this connection in the agricultural sphere); - it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products.

It was very much based in our resource base, and it was between companies resident in Canada and unrelated companies resident elsewhere.

In particular, if an agreement between competitors — even small businesses with no market power — contravenes the new section 45, the parties would be exposed to private actions