98/386/EC, ECSC: Decision of the Council and of the Commission of 29 May 1998 concerning the conclusion of the Agreement between the European Communities and the Government of the United States of America on the application of positive comity principles in the enforcement of their competition laws
Date: 1998-05-29
Institutions: Council of the European Union, European Commission
Subjects: United States, agreement (EU), competition law

L 173/26

‹

EN

‹

Official Journal of the European Communities

18. 6. 98

II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

DECISION OF THE COUNCIL AND OF THE COMMISSION

of 29 May 1998

concerning the
the Agreement between the European
Communities and the Government of the United States of America on the
their
application of positive comity principles

in the enforcement of

conclusion of

competition laws

(98/386/EC, ECSC)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 87 in conjunction
with the first subparagraph of Article 228(3) thereof,

Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Articles 65
and 66 thereof,

Having regard to the proposal from the Commission,

Having
Parliament (1),

regard to

the

opinion of

the European

Whereas the Agreement of 23 September 1991 between
the European Communities and the Government of the
United States of America regarding the application of
their competition laws, and the exchange of interpretative
letters dated 31 May and 31 July 1995 in relation to that
Agreement (together hereinafter referred to as ‘the 1991
Agreement’), attached to Decision 95/145/EC, ECSC of
the Council and the Commission (2) has contributed to
coordination, cooperation and avoidance of conflicts in
competition law enforcement;

Whereas Article V of the 1991 Agreement, commonly
referred to as the ‘positive comity’ Article, calls for
activities
cooperation

anti-competitive

regarding

occurring in the territory of one Party that adversely affect
the interests of the other Party;

Whereas further elaboration of the principles of positive
comity and of the implementation of those principles
would enhance the 1991 Agreement’s effectiveness in
relation to such conduct;

Whereas, to this end, the Commission has negotiated an
Agreement with the Government of the United States of
America on the application of positive comity principles
in the enforcement of
the
the United States of
European Communities and of
America;

the competition rules of

Whereas the Agreement should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Communities and
the Government of the United States of America on the
application of
in the
enforcement of their competition laws is hereby approved
on behalf of the European Community and the European
Coal and Steel Community.

comity principles

positive

(1) OJ C 138, 4. 5. 1998.
(2) OJ L 95, 27. 4. 1995, p. 45; corrigendum OJ L 131, 15. 6.

1995, p. 38.

The text of the Agreement, drawn up in the English
language, is attached to this Decision.

18. 6. 98

‹

EN

‹

Official Journal of the European Communities

L 173/27

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to
sign the Agreement on behalf of the European Community.

the Commission is hereby authorised to designate the person(s)
The President of
empowered to sign the Agreement on behalf of the European Coal and Steel Community.

Done at Brussels, 29 May 1998.

For the Council

The President

J. STRAW

For the Commission

The President

J. SANTER