Common use of Coordination of Enforcement Activities Clause in Contracts

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. 1. Where the competition authorities are pursuing enforcement activities with regard respect 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 of 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. 1. Where the competition authorities are pursuing enforcement activities with regard to matters that are related to each other: (a) the competition authorities they shall consider coordination of their enforcement activities; and (b) the competition authority of each Party shall consider, where consistent with the important interests of its Country and upon request by the competition authority of the other Party and where consistent with the important interests of the former Party, inquiring whether natural persons or enterprises 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 accountaccount the following factors, among others, the following factors: (a) the effect of such coordination on their ability to achieve the objectives of their enforcement activities; (b) the their 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 natural persons or enterprises subject to the enforcement activities; and (e) the potential advantages of coordinated relief to the Parties and to the natural persons or enterprises 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 at any time and pursue its enforcement activities independently.