Co-operation may also, in certain cases, help to clarify a point of foreign law relevant to the interpretation of an agreement or to the effectiveness of a remedy. Factual elements relevant to the case are also exchanged within the limits of legal constraints on the protection of confidential information. Partners in such bilateral agreements enter the realm of traditional comity when they co-operate in a certain case to bring their respective positions and remedies closer to each other in order to avoid creating a harmful effect to the market of the partner. We may draw our partner's attention to our concerns in a specific case. This may open a new trail for his investigation and lead to a final result taking our interests into consideration in a more appropriate manner.
Positive comity opens further possibilities for co-operation.
Activation of the positive comity provision was felt appropriate in a recent case. In dealing with this case the European Commission obtained positive results for European competition policy on the one hand and for our co-operation with the US on the other. In accordance with several provisions of this agreement, the European Commission and the Federal Trade Commission have carried out all the necessary notifications and an important number of consultations. Furthermore, the Commission has taken into account concerns expressed by the US Government relating to important US defence interests. The Commission took the US Government's concerns into consideration to the extent consistent with EU law, and has limited the scope of its action to the civil side of the operation, including the effects of the merger on the commercial jet aircraft market resulting from the combination of Boeing's and MDC's large defence and space interests.