- In order to achieve the objectives of the Community Competition Policy, (a) the Community shall:
(i) subject to Articles 164, 177, 178 and 179 of this Treaty, establish appropriate norms and institutional arrangements to prohibit and penalise anti-competitive business conduct; and
(ii) establish and maintain information systems to enable enterprises and consumers to be kept informed about the operation of markets within the CSME;
(b) the Member States shall:
(i) take the necessary legislative measures to ensure consistency and compliance with the rules of competition and provide penalties for anti-competitive business conduct;
(ii) provide for the dissemination of relevant information to facilitate consumer choice;
(Iii) establish and maintain institutional arrangements and administrative procedures to enforce competition laws; and
(iv) take effective measures to ensure access by nationals of other Member States to competent enforcement authorities including the courts on an equitable, transparent and non-discriminatory basis.
- Every Member State shall establish and maintain a national competition authority for the purpose of facilitating the implementation of the rules of competition.
- Every Member State shall require its national competition authority to:
(a) co-operate with the Commission in achieving compliance with the rules of competition;
(b) investigate any allegations of anti-competitive business conduct referred to the authority by the Commission or another Member State; .
(c) co-operate with other national competition authorities in the detection and prevention of anti-competitive business conduct, and the exchange of information relating to such conduct.
- Nothing in this Article shall be construed as requiring a Member State to disclose confidential information, the disclosure of which would be prejudicial to the public interest or to the legitimate commercial interests of enterprises, public or private. Confidential or proprietary information disclosed in the course of an investigation shall be treated on the same basis as that on which it was provided.
- Within 24 months of the entry into force of this Treaty, the Member States shall notify COTED of existing legislation, agreements and administrative practices inconsistent with the provisions of this Chapter. Within 36 months of entry into force of this Treaty, COTED shall establish a programme providing for the repeal of such legislation, and termination of agreements and administrative practices.