Definition
1. A Party shall ensure that the measures referred to in Article 17.2.2 apply to the
Parties to the extent required by its law.
2. For greater certainty:
(a) in Canada, the Competition Act, R.S.C. 1985, c. C-34 is binding on and applies
to an agent of Her Majesty in right of Canada, or of a province, that is a
corporation, in respect of commercial activities engaged in by the corporation
in competition, whether actual or potential, with other persons to the extent that
it would apply if the agent were not an agent of Her Majesty. Such an agent
may include state enterprises, monopolies, and enterprises granted special or
exclusive rights or privileges; and
(b) in the European Union, state enterprises, monopolies, and enterprises granted
special rights or privileges are subject to the European Union’s rules on
competition. However, enterprises entrusted with the operation of services of
general economic interest or having the character of a revenue-producing
monopoly are subject to these rules, in so far as the application of these rules
does not obstruct the performance, in law or in fact, of the particular tasks
assigned to them.