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Article 23

Original text. Later amendments are not shown.

1.

The following are incompatible with the proper functioning of the Agreement in so far as they may affect trade between the Community and Switzerland:

  1. (i)

    all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition as regards the production of or trade in goods;

  2. (ii)

    abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof;

  3. (iii)

    any public add which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.

2.

Should a Contracting Party consider that a given practice is incompatible with this Article, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.