The Taiwan Fair Trade Commission (TFTC) and the Gazdasagi
Versenyhivatal (GVH – the Hungarian Competition Authority),
hereinafter referred to as “ the Parties ”,
Noting that the Parties share the view that the enforcement of
competition and fair trading laws is an issue of great
importance to the efficient operation of the markets falling
under the respective jurisdictions of the Parties,
Considering that cooperation between the Parties would lead to
the fairer and more efficient enforcement of competition and
fair trading laws which they have the duty to enforce and to
encourage the process of international cooperation in these
Aiming at the creation of favourable conditions for the
development of bilateral relations,
Based on the principles of equality and mutual benefit,
HAVE AGREED AS FOLLOWS:
Article 1. Objective of this Agreement
The goal of this Agreement is to strengthen co-operation between
the Parties in the field of competition and fair trading laws
and policies both on the level of general policy matters and
individual cases, equally covering enforcement, advocacy and
competition culture issues.
Article 2. Definitions
For the application of this Agreement:
1. “competition and fair trading laws” mean:
(i) for the TFTC, the Fair Trade Act;
(ii) for the GVH, the Act ‘ on the Prohibition of Unfair and
Restrictive Market Practices ’ (the Competition Act).
2. “ enforcement activity(ies) ” means any application of
competition and fair trading laws by way of investigation or
proceeding conducted by a Party.
3. “ territory ” means the territory in respect of which the
competition and fair trading laws are enforced by the
Article 3. Areas for cooperation in the field of competition law
1. In order to secure legal and organisational mechanism for
interaction focused on prevention and termination of actions
that may negatively affect competition in Taiwan and in Hungary,
the Parties indicate areas as follows for cooperation:
-- investigations of behaviours which violate competition and
fair trading laws in the respective legislation of the
-- enforcement of competition legislation which cover both
antitrust and unfair competition issues,
-- determination of strategic and tactical aspects of the
competition policy if requested.
2. The Parties will share their experience concerning projects
in the field of raising awareness of competition law and
policy (competition advocacy).
Article 4. Forms of cooperation
The Parties agree to:
-- exchange experience in enforcement activities,
-- make available annual reports, case descriptions, studies on
competition policy and other relevant materials on the
development of enforcement activities,
-- make information available about professional forums
organized by each Party and ensure participation if requested
-- provide assistance in the determination of strategic and
tactical aspects of competition policy and the fight against
deceptive or unfair trade practices if requested,
-- notify each other about infringements affecting competition
in the territory of the other Party,
-- exchange information concerning infringements affecting
competition in the territory of the other Party.
Article 5. Areas for cooperation in matters common for
competition law and policy, and deceptive or unfair
Considering that the Parties share similar institutional design
by housing the two functions (competition and the fight against
deceptive or unfair trade practices) in a single agency, hence
it is a common goal to identify and explore the common
overarching goals of the two fields.
Accordingly, the Parties agree to share experiences on
-- synergies between competition and the fight against deceptive
or unfair trade practices,
-- the awareness of issues,
-- possible cross-border cases.
Article 6. Notification
1. If one of the Parties establishes that actions of
undertakings in its own territory, which can have a negative
impact on competition in the territory of the other Party,
the former shall notify the latter about that.
2. If one of the Parties establishes that competition in its own
territory, which can be negatively affected by the actions of
undertakings taken place in the territory of the other Party,
the former shall notify the latter about that.
3. Notification shall be sent in written form and shall contain
a brief account of the essence of the case, references to the
relevant legal norms, and other related information in which
the sending Party considers to be necessary for submission.
4. The Party, who receives notification, shall consider the
possibility of taking the appropriate measures pursuant to
requirements of laws enforced by the Parties and shall inform
the other Party of the results.
Article 7. Request of information
1. In the course of consideration of actions affecting
competition, each Party shall have the right to send a
request for information on activities of undertakings to the
other Party. The other (requested) Party shall have the right
to refuse to provide the requested information if such
information was or could be submitted by the undertaking in
question pursuant to the legislation of the requested Party.
2. The requesting Party shall state the purpose of its request
and the basic circumstances of the case.
3. After receiving a request from the requesting Party the
requested Party shall provide the requested information when
appropriate and practicable.
Article 8. Consultations
1. If a consultation is requested by one of the Parties, the
Parties shall hold consultations on matters covered by this
Agreement in order to avoid conflicting decisions in the case
of the same infringement.
2. Request on holding the consultation should contain grounds of
3. In the case of disagreement the result of the consultations
does not preclude the Parties to adopt final decisions.
4. Consultation may be held also in any other essential issues
requested by one Party and accepted by the other Party (like
more general questions of competition policy or experience of
sector inquiries, etc.).
Article 9. Protection of information
1. Information received as a result of application of this
Agreement shall not be disclosed unless the Parties agree
2. The Parties may refuse co-operation within the framework of
this Agreement on the grounds of the interests of their
states or on the grounds concerning the safeguard of
commercial and other secrets according to the laws enforced
by the Parties.
Article 10. Concluding provisions
1. Unless special funds are dedicated to it or otherwise are
agreed by the Parties, the co-operation under this Agreement
shall be financed by the requesting Party.
2. This Agreement enters into force on the date of the last
signature and is valid for an unlimited period of time. This
Agreement may be terminable by either Party upon written
notification and in such a case it will be terminated after
one month from the notification date.
3. The implementation of the provisions of this Agreement shall
not affect the rights and duties, which are ensued from other
international agreements of the Parties.
Signed at Taipei, this 27th day of September, 2010, and at
Budapest, this 28th day of October, 2010, in duplicate in the
the TFTC the GVH
Shiow-Ming WU Zoltan Nagy
Chairperson of the TFTC President of the GVH