alia in accordance with mechanisms and initiatives carried out under
other SADC Protocols, such as the Finance and Investment Protocol.
ARTICLE 19
Business Practices
1.
The State Parties agree that anticompetitive business conduct can
hinder the fulfilment of the objectives of this Protocol. Accordingly, each
State Party shall adopt or maintain measures to proscribe such conduct
and take appropriate action with respect thereto.
2.
The State Parties undertake to apply their respective competition laws
so as to avoid the benefits of this Protocol being undermined or nullified
by anticompetitive business conduct. The State Parties shall give
particular attention to anti-competitive agreements, abuse of market
position, cartel and anticompetitive mergers and acquisitions, in
accordance with their respective competition laws. Nothing in this article
shall prevent State Parties from putting in place their respective
measures to combat anti-competitive practices.
3.
State Parties recognize the importance effective competition
frameworks for the development of services sectors and agree to take
measures to strengthen cooperation between the national organs and
authorities responsible for developing the competition laws of members.
4.
The State Parties recognise the importance of co-operation on issues
concerning competition law enforcement policy, such as notification,
consultation and exchange of information related to the enforcement of
their competition laws and policies. A State Party shall notify any other
State Party of competition enforcement activities that may affect
important interests of such State Party or State Parties, and it shall
accord State Parties sympathetic consideration and afford adequate
opportunity for, any matter affecting the operation of this Protocol.
5.
State Parties recognize the importance of cooperative mechanisms,
technical assistance and capacity building, and State Parties shall
enhance such cooperation, inter alia in accordance with mechanisms
and initiatives carried out under other SADC Protocols.
ARTICLE 20
Transfers
1.
With regard to transactions covered by commitments under this
Protocol, a State Party shall not apply restrictions to the right of free
transfer, into and out of its territory, including of initial plus any additional
capital, returns, payments under contract, royalties and fees, proceeds
from the sale or liquidation of all or any part of an investment.
2.
Where a State Party is in serious balance of payments difficulties, or
under imminent threat thereof, the State Party concerned may adopt
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