The Fair Trade Commission of the Republic of China (Taiwan) and
the Swaziland Competition Commission of the Kingdom of Eswatini
(hereinafter collectively referred to as the “ Parties ” and
individually referred to as a “ Party ” ),

DESIRING to promote cooperation in the field of competition law
enforcement and policy;

NOTING that the Parties share the view that the enforcement of
competition 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 laws
which they have the duty to enforce and to encourage the process
of international cooperation in these areas;

AIMING to create favourable conditions for the development of
bilateral relations;

DESIRING to ensure conditions for the effective functioning of
markets for goods and services in both parties ’ states;

STRESSING the role of competition law and policy in the
effective development of the economy; and

BASED on the principles of equality and mutual benefit;

HEREBY AGREE AS FOLLOWS:

ARTICLE 1
OBJECTIVES
The purpose of this Memorandum of Understanding (hereinafter
referred to as “ this MOU ” )is to strengthen cooperation
between the Parties in the field of competition law and policy
both on the level of general policy matters and individual
cases, equally covering enforcement, advocacy and competition
culture issues.

ARTICLE 2
DEFINITIONS
In this MOU, these terms will have the following definitions:
(a) “competition law(s)” means:
(i) for the Republic of China (Taiwan), the Fair Trade Act and
its implementing regulations as well as any amendments
thereto; and
(ii) for the Kingdom of Eswatini, the Competition Act of
Swaziland, 2007 (Act No. 8 of 2007) and its implementing
regulations, and the Fair Trading Act 2001 as well as any
amendments thereto;
(b) “ enforcement activity(ies) ” means any application of
competition laws by way of investigation or proceeding
conducted by a Party; and
(c) “ territory ” means the territory in which a Party has
jurisdiction.

ARTICLE 3
COMPETENT AUTHORITIES
The competent authorities responsible for the implementation of
this MOU shall be:
(a) for the Republic of China (Taiwan), the Fair Trade
Commission; and
(b) for the Kingdom of Eswatini, the Swaziland Competition
Commission.

ARTICLE 4
AREAS OF COOPERATION IN THE FIELD OF COMPETITION LAW AND POLICY
1) 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, it is a common goal to identify the common
overarching goals of the two fields.
2) In order to secure legal and organisational mechanism for
interaction focused on prevention and termination of actions
that may negatively affect competition in the Republic of
China (Taiwan) and in the Kingdom of Eswatini, the Parties
indicate areas for cooperation as follows:
(a) investigations of behaviours which violate competition laws
in the respective legislation of the Parties;
(b) enforcement of competition legislation and related
experience sharing which cover both antitrust and unfair
competition issues; and
(c) determination of strategic and tactical aspects of the
competition policy if requested.
3) The Parties will share their experience concerning projects
in the field of raising awareness of competition law and
policy (competition advocacy).
4) Cooperation in terms of this MOU must be consistent with each
Party ’ s domestic laws and regulations and, in particular,
those protecting confidential information.

ARTICLE 5
TECHNICAL COOPERATION
1) The Parties recognize that it is in their common interest to
work together in technical cooperation activities related to
strengthening of competition policy and implementation of the
competition law of each Party. These activities shall be
coordinated in advance and agreed upon by both Parties.
2) Technical cooperation activities under this MOU shall be
subject to and dependent upon the availability of appropriate
funds, personnel and resources. Neither Party is obliged to
provide funds pursuant to this MOU. Any financial
arrangements shall be negotiated on a case by case basis, as
permitted by relevant laws and regulations.

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 FOR 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 the
submission of such information is inconsistent with 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
PROTECTION OF INFORMATION
1) Information received as a result of application of this MOU
shall not be disclosed unless the Parties agree otherwise.
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 Parties,
or if it would be incompatible with the interests of the
Parties in the application of laws.

ARTICLE 9
CONSULTATIONS
Consultation may be held in 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 10
FINAL PROVISION
1) This MOU shall enter into force upon signature.
2) This MOU may be amended upon the mutual written consent of
the Parties.
3) This MOU shall be valid for a period of two years from the
date of signature and shall be automatically extended for an
additional two years every two years unless otherwise
terminated.
4) Either Party may terminate this MOU at any time by means of
written communication addressed to the other Party and giving
sixty (60) days ’ notice in advance of the date that the
former wishes to terminate this MOU.


IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have signed this MOU. Done at Taipei, this 11th day of
December 2018, in duplicate in the English language.


For the Fair Trade For the Swaziland
Commission of the Competition
Republic of China Commission of the
(Taiwan) Kingdom of Eswatini
__________________ __________________
Mei-Ying HUANG Thabisile Langa
Chairperson Chief Executive Officer