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[接上页] 6.Notifications in respect of enforcement activity will be suff-iciently detailed to enable the notified Participant to makean initial evaluation of the effects of the enforcement activ-ity on the important interests of its own jurisdiction. PARAGRAPH III COORDINATION OF ENFORCEMENT ACTIVITIES 1.Each Participant will endeavour to render assistance to anoth-er Participant in its enforcement activities to the extent co-mpatible with the laws and important interests of the jurisdi-ction of the assisting Participant. 2.In cases where the Participants have an interest in pursuingenforcement activities with regard to related matters, theymay decide that it is in their common interest to coordinatetheir enforcement activities. In considering whether particul-ar enforcement activities should be coordinated, either in wh-ole or in part, each Participant will endeavour to take intoaccount the following factors: (a) the effect of such coordination on the ability of each Part-icipant to achieve the objectives of its enforcement activi-ties; (b) the relative ability of each Participant to obtain informat-ion necessary to conduct the enforcement activities; (c) the extent to which each Participant can secure effectivepreliminary or permanent relief against any conduct or tran-saction that may be subject to penalties or other relief un-der the competition and fair trading laws administered andenforced by the Participants involved; (d) the opportunity to make more efficient use of resources; and the possible reduction of cost to persons subject to enforc-ement activities. PARAGRAPH IV AVOIDANCE OF CONFLICT 1.It is in the common interest of the Participants to minimiseany potentially adverse effects of one Participant's enforcem-ent activities on any of the other Participants' interests inthe application of their competition and fair trading laws.2.Where one Participant informs another Participant that specif-ic enforcement activity by the second Participant may affectthe first Participant's interests in the application of itscompetition and fair trading laws, the second Participant willendeavour to provide: (a) timely notice of significant developments relating to thoseinterests; and (b) an opportunity to the first Participant to provide input re-garding any proposed penalty or remedy. 3.Any questions arising out of this Arrangement will be address-ed in as timely and practicable a manner as circumstances per-mit. PARAGRAPH V EXCHANGE OF INFORMATION The Participants have decided that it is in their common intere-st to share information which will facilitate the effective app-lication of the competition and fair trading laws respectivelyand promote better understanding of each Participant's enforcem-ent policies and activities. To further their common interests,the Participants will endeavour to exchange and provide informa-tion in relation to: (a) investigations and research conducted; (b) speeches, research papers, journal articles, and other mate-rials; (c) compliance education programs; (d) amendments to relevant legislation; and (e) human resources: development and management. PARAGRAPH VI MEETINGS To further their common interest in cooperation and coordinationin relation to their enforcement activities, the Participants w-ill hold periodic meetings, as necessary, to: (a) exchange information on their current enforcement activitiesand priorities; (b) exchange information on economic sectors of common interest; (c) discuss competition and fair trading law changes which theyare considering; and (d) discuss other matters of mutual interest relating to the ap-plication of competition and fair trading laws. PARAGRAPH VII COMMUNICATIONS UNDER THIS ARRANGEMENT Communications under this Arrangement may be carried out by dir-ect oral, telephonic, facsimile or e-mail communication amongthe Participants. PARAGRAPH VIII CONFIDENTIALITY AND USE OF INFORMATION 1.Notwithstanding any other provision of this Arrangement, noParticipant is required to communicate information to any oth-er Participant where such communication is prohibited by thelaw of that Participant or would be incompatible with the imp-ortant interests in the application of its competition or fai-rtrading laws. 2.Unless otherwise decided by the Participants, each Participantwill, to the fullest extent possible, maintain and protect theconfidentiality of any information communicated to it in conf-idence by the other Participants under this Arrangement, unle-ss the Participant providing the confidential information con-sents, in writing, to the release of the information. 3.Information received by a Participant under this Arrangementwill only be used for the purpose of this Arrangement. 4.A Participant may require that information furnished pursuantto this Arrangement be used subject to the terms and conditio-ns it may specify. The receiving Participant will not use suchinformation in a manner contrary to such terms and conditionswithout the prior consent, in writing, of the providing Parti-cipant. |