1. Each Party shall ensure that a covered entity in its territory acts in accordance with
commercial considerations in the purchase or sale of goods, including with regard to
price, quality, availability, marketability, transportation, and other terms and
conditions of purchase or sale, as well as in the purchase or supply of services,
including when such goods or services are supplied to or by an investment of an
investor of the other Party.
2. Provided that a covered entity’s conduct is consistent with Article 18.4 and Chapter
Seventeen (Competition Policy), the obligation contained in paragraph 1 does not
(a) in the case of a monopoly, to the fulfilment of the purpose for which the
monopoly has been created or for which special rights or privileges have been
granted, such as a public service obligation or regional development; or,
(b) in the case of a state enterprise, to the fulfilment of its public mandate.