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1.Signed on January 5, 2004; Entered into force on January 5, 2004.
The Taiwanese Fair Trade Commission and the French Competition
Council (hereinafter referred to as "the Parties")
Recognizing that the world economies, including those of the te-
rritories falling under the jurisdiction of the two Parties, are
becoming increasingly integrated,
Noting furthermore that the Parties share the view that the enf-
orcement of the Competition and Fair Trading rules is an issue
of great importance to the efficient operation of the markets
falling under the respective jurisdictions of the Parties,
Noting their respective wills to increase the potential for eco-
nomic efficiency resulting from the enforcement of their respec-
tive Competition and Fair Trading rules, in accordance with the
principles defined within the framework of the International Co-
mpetition Network,
Considering that cooperation between the Parties would lead to
the fairer and more efficient enforcement of the Competition and
Fair Trading rules which they have the duty to enforce,
Considering that such cooperation, combined with a procedure for
regular administrative consultation, would diminish the potenti-
al for conflicts arising from differences in the enforcement of
these rules or from transactions involving important interests
of both Parties,
Referring furthermore to the OECD Council Recommendation Concer-
ning Co-operation between Member Countries on Anticompetitive
Practices Affecting International Trade as adopted on 27 and 28
July 1995,
Have agreed as follows:

1.The purpose of the present Arrangement is to promote cooperat-
ion and mutual understanding between the Parties and to lessen
the possibility of potential adverse consequences arising from
differences between the Parties in the application of their
respective rules on competition and fair trading.
2.For the application of the present Arrangement:
a) The expression "anticompetitive activities" shall designate
any practice or transaction that is not authorized by the co-
mpetition rules enforced by either of the Parties,
b) "competition rules" shall mean:
- for the Fair Trade Commission, the Fair Trade Law, excepti-
ng Articles 20 to 24, and the related texts adopted for its
- for the Competition Council, Articles L. 420-1, L. 420-2
and L. 420-5 of Part V of Book IV of the Commercial Code
relating to anticompetitive practices, and Article L. 430-6
of the Commercial Code relating to economic concentration.
c) the expression "requesting Party" shall designate the Party
whose rules - those falling within its jurisdiction - are af-
fected by anticompetitive practices occurring within part or
the whole of the territory under the jurisdiction of the oth-
er Party.
d) the expression "requested Party" shall designate the Party
whose jurisdiction is affected by such practices.
e) the expression "enforcement measures" shall designate all en-
forcement of competition rules by way of investigations cond-
ucted by each of the Parties.

a) Each Party may, for matters falling within its jurisdiction,
notify the other Party at its request, whenever it deems app-
ropriate, about the situations in which it appears that the
modalities or the measures relating to the enforcement of its
competition rules may affect major interests of the other Pa-
rty, on condition that:
(i) the principle of reciprocity be respected,
(ii) and subject to Article VII of the present Arrangement.
b) Such situations calling for notification include the followi-
(i) when an anticompetitive practice is exercised for the most
part on the territory under the jurisdiction of the other
(ii) when there is every reason to believe that the informati-
on sought may be found in the territory under the jurisd-
iction of the other Party,
c) Notifications made pursuant to this article shall include su-
fficient information as to allow the receiving Party to asse-
ss all potential effects on its major interests.

a) Each Party may, for matters falling within its jurisdiction,
communicate to the other Party at its request all information
or all documents they hold or have collected in connection
with anticompetitive practices which they deem to be subject
to the enforcement of the competition rules of the other Par-
ty or to warrant enforcement thereof, on condition that:
(i) the principle of reciprocity be respected,
(ii) and subject to Article VII of the present Arrangement.
b) Requests for information may concern anticompetitive practic-
es or the exercise of competition in the territory under the
jurisdiction of the other Party, and all elements on the eco-
nomic and legal environment that are required to study such
information. These requests shall be made in writing and inc-
lude the following information:
(i) the object of the request ,
(ii) when they are known, the names and addresses of the nat-
ural persons and legal entities concerned,
(iii) the legal grounds for any proceedings in connection wi-
th which the request is made,
(iv) the urgency of the request.
c) Immediately on receipt of a request from one of the Parties,
the other Party shall do its utmost to swiftly provide the
information or available documents.
2.Each Party may also send requests for information on a volunt-
ary basis to private parties located in the territory under
the jurisdiction of the other Party. These requests for infor-
mation shall be notified to the Party in whose territory the
information is to be found, on condition that:
a) such notification be made simultaneously with that to the pr-
ivate party concerned, or else as soon as possible,
b) and in any event at least ten days before the deadline set to
comply with this request. When no deadline is set in the re-
quest, the Party concerned shall be informed as soon as poss-
ible after communication to the private party in question.
c) The Parties shall consider the answer of the private party to
the request as a constituent element of the information or
documents sent in pursuance of the present Arrangement, inso-
far as the receiving Party shall not raise any objections wi-
thin ten days after the receipt of the notification pursuant
to this article, or within a shorter time period to be deter-
mined on a case-by-case basis by mutual agreement between the
d) Such requests for information shall be consistent with the
competition rules enforced by the receiving Party.
1.The Parties may consult each other when a case investigated by
one of the Parties is liable to affect the interests of the
other Party.
2.Where each Party shall deem itself competent to determine some
or all aspects of a case, the Parties shall consult with each
other so as to reach decisions acceptable to both.
3.The implementation of this article shall be subject to the sa-
me conditions as those mentioned in Article III 1. a) of the
present Arrangement.

1.The contracting Parties agree to meet according to a periodic-
ity deemed appropriate, with a view to holding reciprocal con-
sultations and studying competition issues falling within the-
ir jurisdictions. These meetings will allow the study of resp-
ective approaches to sectoral themes or general economic aspe-
cts, and of other issues dealt with in the present Arrangement
2.The implementation of this article shall be subject to the sa-
me conditions as those mentioned in Article III 1. a) of the
present Arrangement .

1.Without prejudice to any other provisions of the present Arra-
ngement, all information provided by either of the Parties un-
der this Arrangement shall be protected by the rules of profe-
ssional secrecy of the Parties which are as follows:
- for the Fair Trade Commission, Article 132 of the Criminal
Code, Article 45, Article 46, Paragraph 2, Subparagraph 2
and 3 of the Administrative Procedural Act, Article 4 of the
Civil Servants Service Act,
- for the French Competition Council, Article 26 of Law 83-364
of July 13, 1983, in conjunction with Article L. 226-13 of
the French Criminal Code.
2.Neither Party shall be bound to conduct investigations or to
send information to the other Party if it decides that the ex-
ecution of the request
a) is prohibited by the rules on competition of the requested
b) is likely to jeopardize major interests and essential econom-
ic interests of the requested Party,
c) and where a criminal investigation is already underway based
on the same facts and against the same persons, or when these
persons have been sentenced for the same facts by a final de-
3.If either of the Parties decides not to comply with a request
for information, it shall promptly inform the other Party of
its decision.

Communications under the present Arrangement may be carried out
orally, by telephone, in writing or by facsimile. Notifications
pursuant to Article II of the present Arrangement and requests
pursuant to Article III, paragraphs a) to c) of the present Arr-
angement shall promptly be confirmed in writing.

No provisions of the present Arrangement shall be interpreted
otherwise than in pursuance of existing competition rules in the
territory under each Party's jurisdiction.

1.The present Arrangement shall enter into force upon the date
of its signature.
2.The present Arrangement shall remain in force until 60 days
after the date on which either Party shall notify the other
Party in writing of its desire to terminate the present Arran-

In WITNESS WHEREOF, the undersigned being duly authorized, have
concluded the present Arrangement.
Done on this 5th day of January 2004 at Taipei, in the French
and English languages, each text being equally authentic.

For the Fair Trade Commission For the Competition Council

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