The Fair Trade Commission of Taiwan (TFTC) and the Authority for
Fair Competition and Consumer Protection of Mongolia (AFCCP),
hereinafter referred to as “ the Parties, ”
Having regard to the importance of the effective enforcement of
competition law to the efficient operation of the markets under
the respective territories; and
Further recognizing that technical cooperation between the
Parties will contribute to improving and strengthening their
Understand as follows:
Article 1. Purpose and Definitions
1. The purpose of this Memorandum of Understanding (
“ this MOU ” )is to promote cooperation and
coordination between the Parties.
2. In this MOU, these terms will have the following
(a) “competition law” mean:
(i) for the TFTC, the Fair Trade Act;
(ii) for the AFCCP, the Law of Mongolia on
Competition, excepting Artiles 9, 13 and
(b) “ enforcement activity(ies) ” means any
application of the competition laws by way of
investigation or proceeding conducted by a
(c) “ territory ” means the territory in which a
Party has jurisdiction.
Article 2. Cooperation and Coordination
1. The Parties acknowledge that it is in their common
interest to cooperate and share information where
appropriate and practicable.
2. Where the Parties are pursuing enforcement
activities with regard to the same or related
matters, they will endeavor to coordinate their
enforcement activities where appropriate and
practicable, and will respect the independence of
each Party to make its own decisions.
Article 3. Technical Cooperation
The Parties accept that it is in their common
interest to work together in technical assistance
initiatives related to competition law enforcement
and policy. Subject to the Parties' reasonably
available resources, these initiatives may include
such forms of technical cooperation as the Parties
decide are appropriate for purposes of this MOU.
Article 4. 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 will 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 will notify the latter about that.
3. Notification will be sent in written form and will
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, will
consider the possibility of taking the appropriate
measures pursuant to requirements of laws enforced
by the Parties and will inform the other Party of
Article 5. Request of Information
1. In the course of consideration of actions
affecting competition, each Party will have the
right to send a request for information on
activities of undertakings to the other Party. The
other (requested) Party will 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 will 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 will provide the
requested information when appropriate and
Article 6. Consultations
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. Request on holding the consultation will contain
grounds of its necessity.
3. In the case of disagreement the result of the
consultations does not preclude the Parties to
adopt final decisions.
4. Consultation will be held also in any other
essential competition 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 7. Protection of Information
1. Information received as a result of application of
this MOU will not be disclosed unless the Parties
2. The Parties may refuse cooperation within the
framework of this MOU 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
Article 8. Final Provisions
1. This MOU will come into effect upon the date of
the last signature.
2. This MOU will be amended upon the mutual written
consent of the Parties.
3. This MOU will be terminable by either Party upon
written notification and in such a case it will be
terminated after one month from the notification
4. The implementation of the provisions of this MOU
will not affect the rights and duties, which are
ensued from other international agreements of the
Signed at Taipei, this 3 day of December, 2012, and at
Ulaanbaatar, this 26 day of November, 2012, in duplicate in the
For the Fair Trade For the Authority for Fair
Commission of Taiwan Competition and Consumer
Protection of Mongolia
Shiow-Ming WU MAGNAI Otgonjargal
Chairperson of the TFTC Chairperson of the AFCCP