Coordination of Enforcement Activities. 1. Where the competition authorities are pursuing enforcement activities with regard to matters that are related to each other:
(a) the competition authorities shall consider coordination of their enforcement activities; and
(b) the competition authority of each Party shall consider, upon request by the competition authority of the other Party and where consistent with the important interests of the former Party, inquiring whether persons who have provided confidential information in connection with the enforcement activities will consent to the sharing of such information with the competition authority of the other Party.
2. In considering whether particular enforcement activities should be coordinated, the competition authorities should take into account, among others, the following factors:
(a) the effect of such coordination on their ability to achieve the objectives of their enforcement activities;
(b) the relative abilities of the competition authorities to obtain information necessary to conduct the enforcement activities;
(c) the extent to which the competition authority of either Party can secure effective relief against the anticompetitive activities involved;
(d) the possible reduction of cost to the Parties and to the persons subject to the enforcement activities; and
(e) the potential advantages of coordinated relief to the Parties and to the persons subject to the enforcement activities.
3. The competition authority of each Party may, subject to appropriate notification to the competition authority of the other Party, at any time, limit or terminate the coordination of enforcement activities and pursue its enforcement activities independently.
Coordination of Enforcement Activities. The competition authority of a Party may notify the other Party’s competition authority of its intention to coordinate enforcement activities with respect to a specific case. This coordination shall not prevent the Parties from taking autonomous decisions.
Coordination of Enforcement Activities. Where the competition authorities are pursuing enforcement activities with regard to matters that are related to each other:
Coordination of Enforcement Activities. 1. The competition authority of each Party shall render assistance to the competition authority of the other Party in its enforcement activities to the extent compatible with the assisting Party’s laws and important interests.
2. In cases where both Parties’ competition authorities have an interest in pursuing en- forcement activities with regard to related situations, they may agree that it is in their mutual interest to coordinate their enforcement activities. In considering whether par- ticular enforcement activities should be coordinated, either in whole or in part, each Party’s competition authority shall take into account the following factors, among oth- ers:
(i) the effect of such coordination on the ability of each Party’s competition authority to achieve the objectives of its enforcement activities;
(ii) the relative ability of each Party’s competition authority to obtain information neces- sary to conduct the enforcement activities;
(iii) the extent to which either Party’s competition authority can secure effective pre- liminary or permanent relief against the anticompetitive activities involved;
(iv) the opportunity to make more efficient use of resources, and
(v) the possible reduction of cost to persons subject to enforcement activities.
(a) The Parties competition authorities may coordinate their enforcement activities by agreeing on the timing of those activities in a particular matter, while respecting fully their own laws and important interests. Such coordination may, as agreed by the Parties’ competition authorities, result in enforcement action by one or both Parties’ competition authorities, as is best suited to attain their objectives.
(b) When carrying out coordinated enforcement activity, each Party’s competition au- thority shall seek to maximise the likelihood that the other Party’s enforcement objec- tives will also be achieved.
(c) Either Party may at any time notify the other Party that it intends to limit or termi- nate the coordination and pursue its enforcement activities independently and subject to the other provisions of this Agreement.
Coordination of Enforcement Activities. 1. Where the competition authorities of both Parties are pursuing enforcement activities with regard to related matters, they shall consider coordination of their enforcement activities.
2. In considering whether particular enforcement activities should be coordinated, the competition authorities of the Parties should take into account the following factors, among others:
(a) the effect of such coordination on their ability to achieve the objectives of their enforcement activities;
(b) the relative abilities of the competition authorities of the Parties to obtain information necessary to conduct the enforcement activities;
(c) the extent to which the competition authority of either Party can secure effective relief against the anticompetitive activities involved;
(d) the possible reduction of cost to the Parties and to the persons subject to the enforcement activities; and
(e) the potential advantages of coordinated relief to the Parties and to the persons subject to the enforcement activities.
3. In any coordinated enforcement activities, the competition authority of each Party shall seek to conduct its enforcement activities with careful consideration to the objectives of the enforcement activities by the competition authority of the other Party.
4. Where the competition authorities of both Parties are pursuing enforcement activities with regard to related matters, the competition authority of each Party shall consider, upon request by the competition authority of the other Party and where consistent with the important interests of the Party of the requested competition authority, inquiring whether persons who have provided confidential information in connection with those enforcement activities will consent to the sharing of such information with the competition authority of the other Party.
5. Subject to appropriate notification to the competition authority of the other Party, the competition authority of each Party may, at any time, limit or terminate the coordination of enforcement activities and pursue their enforcement activities independently.
Coordination of Enforcement Activities. 1. The competition authorities of the Parties (hereinafter referred to in this Chapter as “the competition authorities”) shall, as appropriate, consider coordination of their enforcement activities with regard to matters that are related to each other.
2. Nothing in paragraph 1 shall be construed to affect the right of each Party to enforce the relevant laws and regulations of its Country and to implement its competition policy, and the right of the competition authority of each Party to limit or terminate, at any time, the coordination of enforcement activities and to pursue its enforcement activities independently.
Coordination of Enforcement Activities. 5.1. Each competition authority may notify the other of its willingness to coordinate enforcement activities with respect to a specific case. This coordination shall not prevent the competition authorities from taking autonomous decisions.
5.2. In determining the extent of coordination, the competition authorities shall con- sider:
(a) the results which coordination could produce;
(b) the additional information to be obtained;
(c) the reduction in costs for the competition authorities and the economic agents in- volved, and
(d) the applicable deadlines under their respective legislations.
Coordination of Enforcement Activities. 1. Each Participant will endeavour to render assistance to another Participant in its enforcement activities to the extent compatible with the laws and important interests of the jurisdiction of the assisting Participant.
2. In cases where the Participants have an interest in pursuing enforcement activities with regard to related matters, they may decide that it is in their common interest to coordinate their enforcement activities. In considering whether particular enforcement activities should be coordinated, either in whole or in part, each Participant will endeavour to take into account the following factors:
(a) the effect of such coordination on the ability of each Participant to achieve the objectives of its enforcement activities;
(b) the relative ability of each Participant to obtain information necessary to conduct the enforcement activities;
(c) the extent to which each Participant can secure effective preliminary or permanent relief against any conduct or transaction that may be subject to penalties or other relief under the competition and fair trading laws
(d) the opportunity to make more efficient use of resources; and
(e) the possible reduction of cost to persons subject to enforcement activities.
Coordination of Enforcement Activities. 1. Where the competition authorities of both Parties are pursuing enforcement activities with regard to related matters, they may coordinate their enforcement activities. They may in particular coordinate the timing of their inspections.
2. In considering whether particular enforcement activities may be coordinated, the competition authorities of the Parties shall take into account in particular the following factors:
(a) the effect of such coordination on the ability of the competition authorities of the Parties to achieve the objectives of their enforcement activities;
(b) the relative abilities of the competition authorities of the Parties to obtain information necessary to conduct the enforcement activities;
(c) the possibility of avoiding conflicting obligations and unnecessary burdens for the undertakings subject to the enforcement activities; and
(d) the opportunity to make more efficient use of their resources.
3. Subject to appropriate notice to the competition authority of the other Party, the competition authority of either Party may, at any time, limit the coordination of enforcement activities and proceed independently on a specific enforcement activity.
Coordination of Enforcement Activities. Where the competition authorities are pursuing enforcement activities with regard to the same matter or matters that are related to each other, the competition authorities may consider coordination of their enforcement activities. Such coordination shall be carried out in a manner which is consistent with the laws and regulations of the respective countries and subject to the reasonably available resources of each competition authority.
