Agreement between the European Communities and the Government of Canada regarding the application of their competition laws - Statement by the Commission - Exchange of Letters
Date: 1999-06-17
Institutions: Canada, European Coal and Steel Community, European Community
Subjects: Canada, agreement (EU), application of the law, competition law

L 175/50

EN

Official Journal of the European Communities

10. 7. 1999

between the European Communities and the Government of Canada regarding the application of
their competition laws

AGREEMENT

THE EUROPEAN COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY (the European Communities) of
the one part and THE GOVERNMENT OF CANADA (Canada) of the other part (the Parties):

Considering the close economic relations between them;

Recognising that the world’s economies,

including those of the parties, are becoming increasingly interrelated;

Noting that the parties share the view that the sound and effective enforcement of competition law is a matter of
importance to the efficient operation of their respective markets and to trade between them;

Acknowledging their commitment to enhancing the sound and effective enforcement of their competition laws through
in appropriate cases, coordination between them in the application of those laws;
cooperation and,

Noting that coordination of their enforcement activities may, in certain cases, result in a more effective resolution of the
Parties’ respective competition concerns than would be attained through independent enforcement action by the Parties;

Acknowledging the Parties’ commitment to giving careful consideration to each other’s important interests in the
application of their competition laws and to using their best efforts to arrive at an accommodation of those interests;

Having regard to the Recommendation of the Organisation for Economic Cooperation and Development Concerning
Cooperation Between Member Countries on Restrictive Business Practices Affecting International Trade, adopted on 27
and 28 July 1995, and

Having regard to the Economic Cooperation Agreement between Canada and the European Communities adopted on 6
July 1976, to the Declaration on European Community-Canada Relations adopted on 22 November 1990 and to the Joint
Political Declaration on Canada-EU Relations and its accompanying action plan adopted on December 17, 1996;

HAVE AGREED AS FOLLOWS:

I. Purpose and definitions

‘competition law or laws' shall mean:

1.
The purpose of this Agreement is to promote coopera-
tion and coordination between the competition authorities of
the Parties and to lessen the possibility or impact of differences
between the Parties in the application of their competition
laws.

2.

In this Agreement,

‘anti-competitive activities' shall mean any conduct or transac-
tion that may be subject to penalties or other relief under the
competition laws of a Party;

‘competent authority of a Member State' shall mean that
authority of a Member State set out in Annex A. Annex A may
be added to or modified at any time by the European
Communities. Canada will be notified in writing of such addi-
tions or modifications before any information is sent to a
newly listed authority;

‘competition authority' and ‘competition authorities'
mean:

shall

(i) for Canada, the Commissioner of Competition appointed

under the Competition Act, and

(i) for Canada, the Competition Act and regulations there-

under, and

(ii) for the European Communities, Articles 85, 86, and 89 of
the Treaty establishing the European Community, Council
Regulation (EEC) No 4064/89 on the control of concentra-
tions between undertakings, Articles 65 and 66 of the
Treaty
Steel
Community (ECSC), and their implementing Regulations
to the said Treaties including High Authority
pursuant
Decision No 2454,

European Coal

establishing

and

the

as well as any amendments thereto and such other laws or
regulations as the parties may jointly agree in writing to be a
‘competition law' for the purposes of this Agreement,

and

activity'

‘enforcement
competition law by way of
conducted by the competition authority of a Party.

of
investigation or proceeding

shall mean

application

any

(ii) for the European Communities, the Commission of the
European Communities, as to its responsibilities pursuant
to the competition laws of the European Communities;

3.
Any reference in this Agreement to a specific provision in
either Party’s competition law shall be interpreted as referring
to that provision as amended from time to time and to any
successive provisions.

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Official Journal of the European Communities

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II. Notification

1.
Each Party shall notify the other Party in the manner
provided by this Article and Article IX with respect to its
enforcement activities that may affect important interests of the
other Party.

Enforcement activities that may affect

2.
the important
interests of the other Party and therefore ordinarily give rise to
notifiable circumstances include those:

(i) that are relevant to enforcement activities of the other

Party;

(ii) that involve anticompetitive activities, other than mergers
or acquisitions, carried out wholly or in part in the terri-
tory of the other Party;

(iii) that

involve conduct believed to have been required,
encouraged or approved by the other Party or one of its
provinces or Member States;

(iv) that involve a merger or acquisition in which:

— one or more of the parties to the transaction, or

— a company controlling one or more of the parties to

the transaction,

is a company incorporated or organised under the laws of
the other Party or one of its provinces or Member States,

(v) that

involve the imposition of, or application for,
remedies by a competition authority that would
require or prohibit conduct in the territory of the
other Party, or

(vi) that involve one of the Parties seeking information

located in the territory of the other Party.

3.
Notification pursuant to this Article shall ordinarily be
given as soon as a competition authority becomes aware that
notifiable circumstances are present, and in any event,
in
accordance with paragraphs 4 through 7 of this Article.

4. Where notifiable circumstances are present with respect
to mergers or acquisitions, notification shall be given:

(a) in the case of the European Communities, when a notice is
published in the Official Journal, pursuant to Article 4(3) of
Council Regulation (EEC) No 4064/89, or when notice of
the transaction is received under Article 66 of the ECSC
Treaty and a prior authorisation from the Commission is
required under that provision, and

(b) in the case of Canada, not later than when its competition
authority issues a written request for information under
oath or affirmation, or obtains an order under section 11
of the Competition Act, with respect to the transaction.

5.

(a) When the competition authority of a Party requests that
a person provide information, documents or other
records located in the territory of the other Party, or
requests oral testimony in a proceeding or participation
interview by a person located in the
in a personal

territory of the other Party, notification shall be given at
or before the time that the request is made.

(b) Notification pursuant to subparagraph (a) of this para-
graph is required notwithstanding that the enforcement
activity in relation to which the said information is
sought has previously been notified pursuant to Article
II, paragraphs 1 to 3. However, separate notification is
not required for each subsequent request for informa-
tion from the same person made in the course of such
enforcement activity unless the notified Party indicates
otherwise or unless
the Party seeking information
becomes aware of new issues bearing upon the impor-
tant interests of the notified Party.

6. Where notifiable circumstances are present, notification
shall also be given far enough in advance of each of the
following events to enable the other Party’s views to be consid-
ered:

(a) in the case of the European Communities,

(i) when its competition authority decides to initiate
proceedings with respect
concentration,
pursuant to Article 6(1)(c) of Council Regulation (EEC)
No 4064/89;

to the

(ii) in cases other than mergers and acquisitions, the issue

of a statement of objections; or

(iii) the adoption of a decision or settlement,

(b) in the case of Canada,

(i) the filing of an application with the Competition

Tribunal,

(ii) the initiation of criminal proceedings,

(iii) the settlement of a matter by way of undertaking or

consent order.

7.

(a) Each Party shall also notify the other whenever its
competition authority intervenes or otherwise partici-
pates in a regulatory or judicial proceeding, if the issues
addressed in the intervention or participation may affect
the other Party’s important interests. Notification under
this paragraph shall apply only to:

(i) regulatory or judicial proceedings that are public,

and

(ii) intervention or participation that
pursuant to formal procedures.

is public and

(b) Notification shall be made at the time of the interven-
tion or participation or as soon thereafter as possible.

Notifications shall be sufficiently detailed to enable the
8.
notified Party to make an initial evaluation of the effects of the
enforcement activity on its own important interests. Notifica-
tions shall include the names and addresses of the natural and
legal persons involved, the nature of the activities under invest-
igation and the legal provisions concerned.

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Official Journal of the European Communities

10. 7. 1999

Notifications made pursuant

9.
communicated in accordance with Article IX.

to this Article shall be

III. Consultations

1.
Either Party may request consultations regarding any
matter relating to this Agreement. The request for consultations
shall
indicate the reasons for the request and whether any
procedural time limits or other constraints require that consul-
tations be
to consult
expedited. Each Party undertakes
promptly when so requested with the view to reaching a
conclusion that is consistent with the principles set forth in this
Agreement.

2.
During consultations under paragraph 1, the competition
authority of each Party shall carefully consider the representa-
tions of the other Party in light of the principles set out in this
Agreement and shall be prepared to explain to the other Party
the specific results of its application of those principles to the
matter under discussion.

IV. 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 enforcement activities with regard to
related situations, they may agree that it is in their mutual
interest to coordinate their enforcement activities. In consid-
ering whether particular enforcement activities should be co-
ordinated, either in whole or in part, each Party’s competition
authority shall take into account the following factors, among
others:

(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 necessary to conduct the enforcement
activities;

(iii) the extent to which either Party’s competition authority
can secure effective preliminary 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.

3.

(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 coor-

dination 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 authority shall seek to maxi-
mise the likelihood that the other Party’s enforcement
objectives will also be achieved.

(c) Either Party may at any time notify the other Party that
it intends to limit or terminate the coordination and
pursue its enforcement activities independently and
subject to the other provisions of this Agreement.

V. Cooperation regarding anticompetitive activities in
the territory of one Party that adversely affect the
interests of the other Party

1.
The Parties note that anticompetitive activities may occur
within the territory of one Party that, in addition to violating
that Party’s competition laws, adversely affect important inter-
ests of the other Party. The Parties agree that it is in both their
interests to address anticompetitive activities of this nature.

2.
If a Party has reason to believe that anticompetitive activi-
ties carried out in the territory of the other Party are adversely
affecting, or may adversely affect the first Party’s important
interests, the first Party may request that the other Party’s
competition authority initiate appropriate enforcement activi-
ties. The request shall be as specific as possible about the
nature of the anticompetitive activities and their effects on the
interests of the requesting Party, and shall include an offer of
the
such further
requesting Party’s competition authority is able to provide.

information and other cooperation as

The requested Party shall consult with the requesting
3.
Party and the requested Party’s competition authority shall
accord full and sympathetic consideration to the request in
deciding whether or not to initiate, or expand, enforcement
activities with respect to the anticompetitive activities identified
in the request. The requested Party’s competition authority shall
promptly inform the other Party of its decision and the reasons
for that decision. If enforcement activities are initiated, the
requested Party’s
the
requesting Party of significant developments and the outcome
of the enforcement activities.

competition authority shall

advise

4.
the
Nothing in this Article limits the discretion of
requested Party’s competition authority under its competition
laws and enforcement policies as to whether or not to under-
take enforcement activities with respect to the anticompetitive
activities identified in the request, or precludes the requesting
Party’s competition authority from undertaking enforcement
activities with respect to such anticompetitive activities.

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Official Journal of the European Communities

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VI. Avoidance of conflict

of their respective competition laws and promote better under-
standing of each others enforcement policies and activities.

1. Within the framework of its own laws and to the extent
compatible with its important interests, each Party shall, having
regard to the purpose of this Agreement as set out in Article I,
give careful consideration to the other Party’s important inter-
ests throughout all phases of competition enforcement activi-
ties, including decisions regarding the initiation of an invest-
the scope of an investigation or
igation or proceeding,
proceeding and the nature of the remedies or penalties sought
in each case.

2. Where it appears that one Party’s enforcement activities
may adversely affect the important interests of the other Party,
each Party shall, consistent with the general principles set out
above, use its best efforts to arrive at an appropriate accommo-
dation of the Parties competing interests and in doing so each
Party shall consider all relevant factors,

including:

(i) the relative significance to the anticompetitive activities
involved of conduct occurring within one Party’s territory
as compared to conduct occurring within that of the
other;

(ii) the relative significance and foreseeability of the effects of
the anticompetitive activities on one Party’s important
interests as compared to the effects on the other Party’s
important interests;

(iii) the presence or absence of a purpose on the part of those
engaged in the
to affect
anticompetitive
consumers, suppliers or competitors within the enforcing
Party’s territory;

activities

(iv) the degree of conflict or consistency between the enforce-
ment activities and the other Party’s laws or articulated
including those expressed in the
economic policies
application of, or decisions under,
respective
competition laws;

their

(v) whether private persons, either natural or legal, will be
placed under conflicting requirements by both Parties;

(vi) the existence or absence of reasonable expectations that
would be furthered or defeated by the enforcement activi-
ties;

2.
Each Party agrees to provide to the other Party on request
such information within its possession as the requesting Party
may describe that is relevant to an enforcement activity that is
being contemplated or conducted by the requesting Party’s
competition authority.

In the case of concurrent action by the competition
3.
authorities of both Parties with a view to the application of
their competition law, the competition authority of each Party
shall, on request by the competition authority of the other
Party, ascertain whether the natural or legal persons concerned
will consent to the sharing of confidential information related
thereto between the Parties competition authorities.

4.
During consultations pursuant to Article III, each Party
shall provide the other with as much information as it is able
in order to facilitate the broadest possible discussion regarding
the relevant aspects of a particular transaction.

VIII. Semiannual meetings

In furtherance of their common interest in cooperation
1.
and coordination in relation to their enforcement activities,
appropriate officials of the Parties’ competition authorities shall
meet
twice a year, or otherwise as agreed between the
competition authorities of the Parties, to: (a) exchange informa-
tion on their current enforcement activities and priorities, (b)
exchange information on economic sectors of common
interest, (c) discuss policy changes which they are considering,
and (d) discuss other matters of mutual interest relating to the
application of competition laws.

2.
A report on these semiannual meetings shall be made
available to the Joint Cooperation Committee under the Frame-
work Agreement for Commercial and Economic Cooperation
between the European Communities and Canada.

(vii) the location of relevant assets;

IX. Communications under this Agreement

(viii) the degree to which a remedy, in order to be effective,
must be carried out within the other Party’s territory;

(ix) the need to minimise the negative effects on the other
in particular when imple-
interests,
to address anti-competitive effects

Party’s important
menting remedies
within the Party’s territory, and

(x) the extent to which enforcement activities of the other
Party with respect to the same persons, including judg-
ments or undertakings resulting from such activities,
would be affected.

Communications under this Agreement, including notifications
under Article II and requests under Articles III and V, may be
carried out by direct oral, telephonic or fax communication
between the competition authorities of the Parties. Notifica-
tions under Article II and requests under Articles III and V,
however, shall be confirmed promptly in writing through
normal diplomatic channels.

X. Confidentiality and use of information

VII. Exchange of information

1.
In furtherance of the principles set forth in this Agree-
ment, the Parties agree that it is in their common interest to
share information which will facilitate the effective application

1.
Notwithstanding any other provision of this Agreement,
neither Party is required to disclose information to the other
Party where such disclosure is prohibited by the laws of the
Party possessing the information or would be incompatible
with that Party’s important interests.

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Official Journal of the European Communities

10. 7. 1999

Unless otherwise agreed by the Parties, each Party shall,
2.
to the fullest extent possible, maintain the confidentiality of
any information communicated to it in confidence by the other
Party under this Agreement. Each Party shall oppose, to the
fullest extent possible, any application by a third party for
disclosure of such information.

A Party may require that information furnished pursuant
6.
to this Agreement be used subject to the terms and conditions
it may specify. The receiving Party shall not use such informa-
tion in a manner contrary to such terms and conditions
without the prior consent of the other Party.

3.

(a) The competition authority of the European Communi-
ties, after notice to the Canadian competition authority,
will inform the competent authorities of the Member
State or Member States whose important interests are
affected of the notifications sent to it by the Canadian
competition authority.

(b) The competition authority of the European Communi-
ties, after consultation with the Canadian competition
authority, will inform the competent authorities of such
Member State or Member States of any cooperation and
coordination of enforcement activities. However, as
regards such activities, the competition authority of the
the Canadian
European Communities will
competition authority’s request not to disclose the in-
formation which it provides when necessary to ensure
confidentiality.

respect

4.
Before taking any action which may result in a legal
obligation to make available to a third party information
provided in confidence under this Agreement,
the Parties
competition authorities shall consult one another and give due
consideration to their respective important interests.

5.
Information received by a Party under this Agreement,
apart from information received under Article II, shall only be
used for the purpose of enforcing that Party’s competition laws.
Information received under Article II shall only be used for the
purpose of this Agreement.

XI. Existing law

Nothing in this Agreement shall require a Party to take any
action that is inconsistent with its existing laws, or require any
change in the laws of the Parties or of their respective prov-
inces or Member States.

XII. Entry into force and termination

1.

This Agreement shall enter into force on signature.

2.
This Agreement shall remain in force until 60 days after
the date on which either Party notifies the other Party in
writing that it wishes to terminate the Agreement.

The Parties shall review the operation of this Agreement
3.
not more than 24 months from the date of its entry into force,
with a view to assessing their cooperative activities, identifying
additional areas in which they could usefully cooperate and
identifying any other ways in which the Agreement could be
include,
improved. The Parties agree that
among other things, an analysis of actual or potential cases to
determine whether
served
through closer cooperation. Attached to this Agreement are
three letters exchanged between the Parties. These letters form
an integral part of this Agreement.

interests could be better

this review will

their

EN FE DE LO CUAL,

los abajo firmantes, debidamente autorizados, suscriben el presente Acuerdo.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne aftale.

ZU URKUND DESSEN haben die unterzeichneten Bevollm(cid:132)chtigten ihre Unterschriften unter dieses
Abkommen gesetzt.

SE PISTYSG TYM AMYTEQY, oi j(cid:145)tyhi upocecqall(cid:146)moi, de(cid:149)mtyr enousiodotgl(cid:146)moi pqor to(cid:151)to pkgqeno(cid:151)sioi,
up(cid:146)cqaxam tgm paqo(cid:151)sa sulvym(cid:148)a.

IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

EN FOI DE QUOI,

les soussign(cid:130)s, d(cid:150)ment habilit(cid:130)s (cid:133) cet effet, ont sign(cid:130) le pr(cid:130)sent accord.

IN FEDE DI CHE i sottoscritti plenipotenziari hanno apposto le loro firme in calce al presente accordo.

TEN BL(cid:246)KE WAARVAN de ondergetekenden, naar behoren hiertoe gemachtigd, hun handtekening onder
deze overeenkomst hebben gesteld.

EM F(cid:144) DO QUE os plenipotenci(cid:145)rios abaixo-assinados apuseram as suas assinaturas no presente acordo.

T(cid:142)M(cid:142)N VAKUUDEKSI alla mainitut

t(cid:132)ysivaltaiset edustajat ovat allekirjoittaneet

t(cid:132)man sopimuksen.

TILL BEVIS H(cid:142)RP(cid:143) har de undertecknade befullm(cid:132)ktigade undertecknat detta avtal.

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Official Journal of the European Communities

L 175/55

HECHO en Bonn, por duplicado, el diecisiete de junio de mil novecientos noventa y nueve en lenguas
alemana, danesa, espa(cid:157)ola, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, cuyos
textos en cada una de estas lenguas son igualmente aut(cid:130)nticos.

UDFÆRDIGET i Bonn den syttende juni nitten hundrede og nioghalvfems i to eksemplarer p(cid:134) engelsk,
fransk, dansk, tysk, græsk, spansk, italiensk, nederlandsk, portugisisk, finsk og svensk, som alle er lige
autentiske.

in zwei Exemplaren, am siebzehnten Juni neunzehnhundertneunundneunzig in
GESCHEHEN zu Bonn,
d(cid:132)nischer, deutscher, englischer,
italienischer, niederl(cid:132)ndischer,
portugiesischer, schwedischer und spanischer Sprache, wobei jeder Wortlaut gleichermaßen verbindlich ist.

franz(cid:148)sischer, griechischer,

finnischer,

ECIME stg B(cid:149)mmg, eir dipko(cid:151)m, stir d(cid:146)ja ept(cid:145) Ioum(cid:148)ou w(cid:148)kia emmiaj(cid:149)sia emem(cid:147)mta emm(cid:146)a, stgm acckij(cid:147), cakkij(cid:147),
ceqlamij(cid:147), damij(cid:147), ekkgmij(cid:147), ispamij(cid:147), itakij(cid:147), okkamdij(cid:147), poqtocakij(cid:147), sougdij(cid:147) jai vimkamdij(cid:147) ck(cid:150)ssa, jai
(cid:149)ka ta je(cid:148)lema e(cid:148)mai en(cid:148)sou auhemtij(cid:145).

DONE at Bonn, in duplicate, on the seventeenth day of June in the year one thousand nine hundred and
ninety-nine, in the English, French, Danish, German, Greek, Spanish, Italian, Dutch, Portuguese, Finnish and
Swedish languages, each text being equally authentic.

FAIT (cid:133) Bonn, en double exemplaire,
le dix-sept juin mil neuf cent quatre-vingt dix-neuf, en langues
allemande, anglaise, danoise, espagnole, finnoise, fran(cid:135)aise, grecque, italienne, n(cid:130)erlandaise, portugaise et
su(cid:130)doise, tous les textes faisant (cid:130)galement foi.

FATTO a Bonn, in duplice copia, add(cid:141) diciassette giugno millenovecentonovantanove, nelle lingue danese,
finlandese, francese, greco, inglese, italiano, olandese, portoghese, spagnolo, svedese e tedesco, tutti i testi
facenti ugualmente fede.

GEDAAN te Bonn, in tweevoud, de zeventiende juni negentienhonderd negenennegentig, in de Engelse,
Franse, Deense, Duitse, Griekse, Spaanse, Italiaanse, Nederlandse, Portugese, Finse en Zweedse taal, z¶nde de
teksten in al deze talen gel¶kel¶k authentiek.

FEITO em Bona, em duplo exemplar, em dezassete de Junho de mil novecentos e noventa e nove, nas
l(cid:146)nguas alem(cid:209), dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portu-
guesa e sueca, fazendo igualmente f(cid:130) todos os textos.

TEHTY Bonnissa kahtena kappaleena seitsem(cid:132)nten(cid:132)toista paiv(cid:132)n(cid:132) kes(cid:132)kuuta vuonna tuhatyhdeks(cid:132)nsataayh-
deks(cid:132)nkymment(cid:132)yhdeks(cid:132)n englannin, espanjan, hollannin,
italian, kreikan, portugalin, ranskan, ruotsin,
saksan, suomen ja tanskan kielell(cid:132),

ja jokainen teksti on yht(cid:132) todistusvoimainen.

SOM SKEDDE i Bonn i tv(cid:134) exemplar den sjuttonde juni nittonhundranittionio p(cid:134) danska, engelska, finska,
franska, grekiska, italienska, nederl(cid:132)ndska, portugisiska, spanska, svenska och tyska spr(cid:134)ken, vilka samtliga
texter (cid:132)r lika giltiga.

Por la Comunidad Europea

For Det Europæiske Fællesskab

F(cid:129)r die Europ(cid:132)ische Gemeinschaft

Cia tgm Euqypa(cid:152)j(cid:147) Joim(cid:149)tgta

For the European Community

Pour la Communaut(cid:130) europ(cid:130)enne

Per la Comunit(cid:133) europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteis(cid:148)n puolesta

P(cid:134) Europeiska gemenskapens v(cid:132)gnar

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Por la Comunidad Europea del Carb(cid:155)n y del Acero

For Det Europæiske Kul- og St(cid:134)lfællesskab

F(cid:129)r die Europ(cid:132)ische Gemeinschaft f(cid:129)r Kohle und Stahl

Cia tgm Euqypa(cid:152)j(cid:147) Joim(cid:149)tgta (cid:129)mhqaja jai W(cid:145)kuba

For the European Coal and Steal Community

Pour la Communaut(cid:130) europ(cid:130)enne du charbon et de l’acier

Per la Comunit(cid:133) europea del carbone e dell’acciaio

Voor de Europese Gemeenschap voor Kolen en Staal

Pela Comunidade Europeia do Carv(cid:209)o e do A(cid:135)o

Euroopan hiili- ja ter(cid:132)syhteis(cid:148)n puolesta

P(cid:134) Europeiska kol- och st(cid:134)lgemenskapens v(cid:132)gnar

Por el Gobierno de Canad(cid:145)

For Canadas regering

F(cid:129)r die Regierung von Kanada

Cia tgm jub(cid:146)qmgsg tou Jamad(cid:145)

For the Government of Canada

Pour le gouvernement du Canada

Per il governo del Canada

Voor de regering van Canada

Pelo Governo do Canad(cid:145)

Kanadan hallituksen puolesta

P(cid:134) Kanadas regerings v(cid:132)gnar

10. 7. 1999

EN

Official Journal of the European Communities

L 175/57

ANNEX A

AUSTRIA

Bundesministerium f(cid:129)r wirtschaftliche Angelegenheiten
Abteilung X/A/6 (Wettbewerbsangelegenheiten)

BELGIUM

Ministerie van Economische Zaken - Minist(cid:138)re des Affaires Economiques
Algemene Inspectie van de Prijzen en de Mededinging - Inspection G(cid:130)n(cid:130)rale des Prix et de la Concurrence

DENMARK

Konkurrencer(cid:134)det

FINLAND

Kilpailuvirasto/Konkurrensverket

FRANCE

Minist(cid:138)re de l’Economie et des Finances
Direction G(cid:130)n(cid:130)rale de la Concurrence, de la Consommation et des Fraudes

GERMANY

Bundeskartellamt

GREECE

Epitqop(cid:147) amtacymislo(cid:151)

IRELAND

Competition Authority

ITALY

Autorit(cid:133) Garante della Concorrenza e del Mercato

LUXEMBOURG

Minist(cid:138)re de l’Economie

NETHERLANDS

Ministerie van Economische Zaken

PORTUGAL

Minist(cid:130)rio da Economia
Direc(cid:135)(cid:209)o-Geral do Com(cid:130)ricio e Concorr(cid:136)ncia

SPAIN

Direcci(cid:155)n General Pol(cid:146)tica Econ(cid:155)mica y Defensa de la Competencia

SWEDEN

Konkurrensverket

UNITED KINGDOM

Office of Fair Trading

L 175/58

EN

Official Journal of the European Communities

10. 7. 1999

ANNEX B

STATEMENT BY THE COMMISSION

(regarding the information to be provided to the Member States)

In accordance with the principles which govern the relationship between the Commission and the Member States in the
application of the Competition rules as enshrined, for example, in Council Regulation No 17, and in accordance with
Article X(3) of the Agreement between the European Communities and Canada regarding the application of their
competition laws,

— the Commission shall forward to the Member State or Member States whose important interests are affected the
notification sent by the Commission or received from the canadian competition authority. Member States shall be
notified as soon as is reasonably possible and in the language of the exchange. Where the Commission sends
information to the Canadian authorities, Member States shall be informed at the same time,

— the Commission shall also notify the Member State or Member States whose important interests are affected of any

cooperation or coordination of enforcement activities, as soon as is reasonably possible.

For the purposes of this statement, it is considered that the important interests of a Member State are affected where the
enforcement activities in question:

(i) are relevant to enforcement activities of the Member State;

(ii) involve anticompetitive activities, other than mergers or acquisitions, carried out wholly or in part in the territory of

the Member State;

(iii) involve conduct believed to have been required, encouraged or approved by the Member State;

(iv) involve a merger or acquisition in which:

— one or more of the parties to the transaction, or

— a company controlling one or more of the parties to the transaction,
is a company incorported or organised under the laws of the Member State;

(v) involve the imposition of, or application for, remedies that would require or prohibit conduct in the territory of the

Member State; or

(vi) involve the Canadian competition authority seeking information located in the territory of the Member State.

In addition, at least twice a year at meetings of government competition specialists, the Commission will inform all the
Member States about the implementation of the Agreement, and particularly about the contacts which have taken place
with the Canadian competition authority as regards the forwarding to the Member States of information received by the
Commission under the Agreement.

10. 7. 1999

EN

Official Journal of the European Communities

L 175/59

ANNEX C

EXCHANGE OF LETTERS

A. Letter to the Government of Canada

Dear...,

On..., the Council of the European Union and the Commission of the European Communities concluded
the Agreement between the European Communities and the Government of Canada regarding the applica-
tion of their competition laws.

In order to ensure a clear understanding of the European Communities’ interpretation of the Agreement, we
set out below two interpretative statements.

1. In the light of Article XI of the Agreement, Article X(1) should be understood to mean that the
information covered by the provisions of Article 20 of Council Regulation No 17 or by equivalent
provisions in other regulations in the field of competition may not under any cirucmstances be
communicated to the Canadian competition authority, save with the express agreement of the source
concerned.

Similarly, the information referred to in Articles II(8) and VII of the Agreement may not include
information covered by Article 20 of Regulation No 17 nor by equivalent provisions in other regulations
in the field of competition, save with the express agreement of the source concerned.

2. In the light of Article X(2) of the Agreement, all information provided in confidence by either of the
Parties in accordance with the Agreement will be considered as confidential by the receiving Party which
should oppose any request for disclosure to a third party unless such disclosure is (a) authorised by the
Party supplying the information or (b) required under the law of the receiving Party.

This is understood to mean that:

— each Party assures the confidentiality of all information provided in confidence by the other Party in
accordance with the receiving Party’s applicable rules, including those rules intended to assure the
confidentiality of information gathered during a Party’s own enforcement activities,

— each Party shall use all the legal means at its disposal to oppose the disclosure of this information.

We also to confirm that, should a Party become aware that, notwithstanding its best efforts, information
has accidentally been used or disclosed in a manner contrary to the provisions of Article X, that Party shall
notify the other Party forthwith.

Would you kindly confirm by return letter whether this interpretation raises any difficulties with the
Canadian Government.

Please accept, Sir, the assurance of our highest consideration.

For the European Community and
for the European Coal and Steel Community

L 175/60

EN

Official Journal of the European Communities

10. 7. 1999

B. Reply from the Government of Canada

Legal Services, Industry Canada
Place du Portage, Phase 1
50 Victoria Street
Hull, Quebec (K1A 0C9)
Tel: (819) 997 3325
Fax: (819) 953 9267

Mr...
Member of the European Commission
200 rue de la Loi
B-1049 Brussels

Date:...

Dear Commissioner

Thank you for your letter dated (...). We are very pleased that the Agreement between the European
Communities and the Government of Canada regarding the application of our respective competition laws
has not been completed. The interpretative and other statements included in your letter are consistent with
our understanding of the Agreement.

I would also like to confirm that, with respect to the application of Article XI, and for greater certainty, no
information may be exchanged by Canada pursuant to this Agreement which could not have been
exchanged in the absence of this Agreement. I would ask that you confirm your understanding to this effect
by return letter.

We look forward to continuing and furthering our relationship of competition law cooperation as reflected
in the Agreement and in our mutual conduct to date.

Please accept, Sir, the assurance of my highest consideration.

Konrad von FINCKENSTEIN
Commissioner of Competition

C. Reply to the Government of Canada

Dear...

Thank you very much for your letter dated... We confirm that your letter does not give rise to any
difficulties for the European Communities.

We are extremely pleased that the Agreement between the European Communities and Canada has been
completed and look forward to close cooperation in the future.

Please accept, Sir, the assurance of my highest consideration.

For the European Community and
for the European Coal and Steel Community