法邦网—法律法规查看

1 COOPERATION ARRANGEMENT BETWEEN THE TAIWAN FAIR TRADE COMMISSION, THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AND THENEW ZEALAND COMMERCE COMMISSION REGARDING THE APPLICATION OF CO-MPETITION AND FAIR TRADING LAWS ("ARRANGEMENT") BACKGROUNDThe Taiwan Fair Trade Commission, the Australian Competition andConsumer Commission, and the New Zealand Commerce Commission (hereinafter referred to as the "Participants") note that: (a) the Participants share the view that the sound and effectiveenforcement of their competition and fair trading laws is amatter of importance to the efficient operation of the resp-ective markets of the jurisdictions of the Participants andto trade among the jurisdictions of the Participants; (b) this Arrangement is to replace and supersede the existingoperation of the "Go-Operation and Go-Ordination Arrangementbetween the Taipei Economic and Cultural Office and the NewZealand Commerce and Industry Office Regarding the Applicat-ion of the Competition and Fair Trading Laws". Accordinglythe "Go-Operation and Go-Ordination Arrangement between theTaipei Economic and Cultural Office and the New Zealand Com-merce and Industry Office Regarding the Application of theCompetition and Fair Trading Laws" will be terminated on thedate that this Arrangement comes into effect. (c) this Arrangement will not affect the existing operation ofthe: (i) "Go-operation and Go-ordination Agreement between the Australian Trade Practices Commission and New Zealand Commerce Commission": and (ii) "Cooperation and Coordination Arrangement between theTaipei Economic and Cultural Office and the Australian Commerce and Industry Office Regarding the Application of the Competition and Fair Trading Laws". The Participants have decided on the following ten paragraphs:PARAGRAPH I PURPOSE AND DEFINITIONS 1.The purpose of this Arrangement is to promote cooperation andcoordination among the Participants and to lessen the possibi-lity or impact of differences among the Participants in theapplication of their competition and fair trading laws. 2.In this Arrangement: (a) "competition and fair trading laws" will mean: (i) for the Taiwan Fair Trade Commission, the Fair Trade Law; (ii) for the Australian Competition and Consumer Commission, the Trade Practices Act 1974 as amended; and (iii) for the New Zealand Commerce Commission, the CommerceAct 1986 and the Fair Trading Act 1986. (b) "enforcement activity(ies)" will mean any application ofcompetition and fair trading laws by way of investigation or proceeding conducted by a Participant. (c) "territory(ies)" will mean the territories in respect ofwhich the competition and fair trading laws are administe-red by the Participants. 3.Any reference in this Arrangement to a specific provision ofthe competition and fair trading laws will be interpreted asreferring to that provision as amended from time to time andto any successor provisions. PARAGRAPH II NOTIFICATION 1.Each Participant will notify the other Participants of amendm-ents to that Participant's competition and fair trading laws.2.A Participant will notify another Participant in the mannerprovided by this Paragraph with respect to its: enforcementactivities that may affect the important interests of the oth-er Participant, including those that: (a) are relevant to enforcement activities of the other Partici-pant; (b) involve any conduct or transaction that may be subject topenalties or other relief under the competition and fair tr-ading laws administered and enforced by the other Participa-nt, other than mergers or acquisitions, carried out whollyor in part in the territory of such Participant, except whe-re those activities are insubstantial; (c) involve a merger or acquisition in which one or more of theParticipants to the transaction, or a company controlling one or more of the Participants to the transaction, is a co-mpany incorporated or organised under the laws of the otherParticipant's territory; and (d) involve a Participant seeking information located in otherParticipant's territory. 3.Each Participant will endeavour to give notification pursuantto this Paragraph when a Participant becomes aware that notif-iable circumstances are present. 4.Notifiable circumstances, with respect to mergers or acquisit-ions, are present: (a) when pre-merger notification is received by the Taiwan FairTrade Commission under Article II of the Fair Trade Law; (b) when an application for authorisation is received by the Au-stralian Competition and Consumer Commission under Part VIIof the Trade Practices Act 1974; and (c) when the New Zealand Commerce Commission receives pre-mergernotification, such notice being at the discretion of the me-rging parties. Once a particular enforcement matter has beennotified, subsequent notifications on that matter need notbe made unless the notifying Participant becomes aware of new issues bearing upon the important interests of the juri-sdiction of the notified Participant in the application ofits competition and fair trading laws, or unless the notifi-ed Participant requests otherwise. 6.Notifications in respect of enforcement activity will be suff-iciently detailed to enable the notified Participant to makean initial evaluation of the effects of the enforcement activ-ity on the important interests of its own jurisdiction. PARAGRAPH III COORDINATION OF ENFORCEMENT ACTIVITIES 1.Each Participant will endeavour to render assistance to anoth-er Participant in its enforcement activities to the extent co-mpatible with the laws and important interests of the jurisdi-ction of the assisting Participant. 2.In cases where the Participants have an interest in pursuingenforcement activities with regard to related matters, theymay decide that it is in their common interest to coordinatetheir enforcement activities. In considering whether particul-ar enforcement activities should be coordinated, either in wh-ole or in part, each Participant will endeavour to take intoaccount the following factors: (a) the effect of such coordination on the ability of each Part-icipant to achieve the objectives of its enforcement activi-ties; (b) the relative ability of each Participant to obtain informat-ion necessary to conduct the enforcement activities; (c) the extent to which each Participant can secure effectivepreliminary or permanent relief against any conduct or tran-saction that may be subject to penalties or other relief un-der the competition and fair trading laws administered andenforced by the Participants involved; (d) the opportunity to make more efficient use of resources; and the possible reduction of cost to persons subject to enforc-ement activities. PARAGRAPH IV AVOIDANCE OF CONFLICT 1.It is in the common interest of the Participants to minimiseany potentially adverse effects of one Participant's enforcem-ent activities on any of the other Participants' interests inthe application of their competition and fair trading laws.2.Where one Participant informs another Participant that specif-ic enforcement activity by the second Participant may affectthe first Participant's interests in the application of itscompetition and fair trading laws, the second Participant willendeavour to provide: (a) timely notice of significant developments relating to thoseinterests; and (b) an opportunity to the first Participant to provide input re-garding any proposed penalty or remedy. 3.Any questions arising out of this Arrangement will be address-ed in as timely and practicable a manner as circumstances per-mit. PARAGRAPH V EXCHANGE OF INFORMATION The Participants have decided that it is in their common intere-st to share information which will facilitate the effective app-lication of the competition and fair trading laws respectivelyand promote better understanding of each Participant's enforcem-ent policies and activities. To further their common interests,the Participants will endeavour to exchange and provide informa-tion in relation to: (a) investigations and research conducted; (b) speeches, research papers, journal articles, and other mate-rials; (c) compliance education programs; (d) amendments to relevant legislation; and (e) human resources: development and management. PARAGRAPH VI MEETINGS To further their common interest in cooperation and coordinationin relation to their enforcement activities, the Participants w-ill hold periodic meetings, as necessary, to: (a) exchange information on their current enforcement activitiesand priorities; (b) exchange information on economic sectors of common interest; (c) discuss competition and fair trading law changes which theyare considering; and (d) discuss other matters of mutual interest relating to the ap-plication of competition and fair trading laws. PARAGRAPH VII COMMUNICATIONS UNDER THIS ARRANGEMENT Communications under this Arrangement may be carried out by dir-ect oral, telephonic, facsimile or e-mail communication amongthe Participants. PARAGRAPH VIII CONFIDENTIALITY AND USE OF INFORMATION 1.Notwithstanding any other provision of this Arrangement, noParticipant is required to communicate information to any oth-er Participant where such communication is prohibited by thelaw of that Participant or would be incompatible with the imp-ortant interests in the application of its competition or fai-rtrading laws. 2.Unless otherwise decided by the Participants, each Participantwill, to the fullest extent possible, maintain and protect theconfidentiality of any information communicated to it in conf-idence by the other Participants under this Arrangement, unle-ss the Participant providing the confidential information con-sents, in writing, to the release of the information. 3.Information received by a Participant under this Arrangementwill only be used for the purpose of this Arrangement. 4.A Participant may require that information furnished pursuantto this Arrangement be used subject to the terms and conditio-ns it may specify. The receiving Participant will not use suchinformation in a manner contrary to such terms and conditionswithout the prior consent, in writing, of the providing Parti-cipant. PARAGRAPH IX EXISTING LAW Nothing in this Arrangement will require a Participant to act,or omit to act, in a manner inconsistent with the existing lawsof its jurisdiction, or require any change in the laws of thejurisdictions of the Participants. PARAGRAPH X ENTRY INTO EFFECT, TERMINATION AND OTHER PARTICPANTS 1.This Arrangement will come into effect when signed by all Par-ticipants. 2.This Arrangement will remain in effect until terminated by one, or more, of the Participants. 3.Any Participant may terminate the Arrangement by providing 30days written notice to the other Participants. 4.The Participants will endeavour to periodically review the op-eration of this Arrangement with a view to assessing ways inwhich the Arrangement could be improved. 5.Other competition authorities may join this Arrangement on te-rms to be decided between it and the Participants to the Arra-ngement at the time of the application to join. The Participa-nts may develop, as they consider appropriate, procedures todeal with such new Participants. FOR THE TAIWAN FAIR TRADE COMMISSION: SIGNED at Wellington, on the 25 day of July, 2002. Tzong-Leh Hawang HWANG, TZONG-LEH CHAIRPERSON FOR THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION: SIGNED at ,on the 30 day ofJuly, 2002. PROFFSSOR ALLANFELS CHAIRPERSON FOR THE NEW ZEALAND COMMERCE COMMISSION: SIGNED at ,on the 25day ofJuly, 2002. JOHN BELGRAVE CHAIR