The Taiwan Fair Trade Commission (hereinafter referred to as “
TFTC ” )and the Superintendence of Industry and Commerce of the
Republic of Colombia (hereinafter referred to as “ SIC ” ),
hereinafter jointly referred to as the “ Parties ”;
Having regard to the importance of cooperation and coordination
between the “ Parties ” to further strengthen competition law
enforcement in both countries; recognizing that cooperation in
enforcement activities and the coordination of such activities
may result in a more effective resolution of the Parties ’
respective competition law concerns than may be obtained by
independent actions; and considering the important work being
done at the International Competition Network, and the close
working relationship between the Parties in this forum;
Have agreed as follows:
I. PURPOSE AND DEFINITIONS
1. The purpose of this Memorandum of Understanding
(hereinafter referred to as “ this Memorandum ” )is to
promote cooperation and coordination between the Parties,
and to ensure that the Parties give careful consideration
to each other ’ s important interests in the application
of their competition laws.
2. In this Memorandum, these terms will have the following
(a) “Competition law(s)” means:
(i) for the TFTC, Fair Trade Act (2015), and any
(ii) for the SIC, Laws 155 of 1959, 256 of 1996 and 1340 of
2009; Decrees 2153 of 1992 and 4886 of 2011; and
specific legislation directly associated with these
legal instruments, as well as any amendments thereto;
(b) “ Enforcement activity(ies)" means any investigation or
proceeding conducted by a Party in relation to the
competition law it administers or enforces;(note 1) and
(c) “ Territory ” means the territory in which a Party has
(d) "Anticompetitive activity(ies)" means any conduct or
transaction that may be subject to penalties or other
remedies under the competition laws administered and
enforced by the Parties.
3. Each Party will notify the other of any amendments to its
(note 1)The Parties understand that for Colombia
"investigation or proceeding" include decisions taken
by the Superintendence of Industry and Commerce.
1. If one of the Parties considers that undertakings ’
actions within its own territory can affect competition
in the territory of the other Party, the former shall
notify the latter about that.
2. If one of the Parties considers that competition in its
own territory can be affected by undertakings ’ actions
that are carried out in the territory of the other Party,
the former shall notify the latter about that.
3. Notifications made pursuant to this article shall include
sufficient information as to allow the receiving Party to
assess potential effects on its major interests,
according to each Party ’ s laws and to the extent
compatible with article VII of this Memorandum (existing
laws and confidentiality of information).
4. Notifications under this Memorandum may be carried out by
direct communication between the Parties.
III. 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 such activities where appropriate
and practicable, and will respect the independence of
each Party to make its own decisions.
3. 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 Memorandum.
IV. AVOIDANCE OF CONFLICTS
The Parties shall, within the framework of their own laws
and to the extent compatible with their important interests,
give careful consideration to the other Party ’ s important
interests throughout all phases of their enforcement
activities, including decisions regarding the initiation of
an investigation or proceeding, the scope of an
investigation or proceeding, and the nature of the remedies
or penalties sought in each case, provided that such
consideration is in accordance with the country ’ s
Each Party may request consultations regarding any matter
relating to this Memorandum. The request for consultations
shall indicate the reasons for the request and whether any
procedural time limits or other constraints require that
consultations be expedited. Each Party shall consult promptly
when so requested, with a view to reaching a conclusion that
is consistent with the purpose of this Memorandum.
Officials of the Parties will meet, as necessary, to:
(a) exchange information on their enforcement efforts and
priorities in relation to their competition laws;
(b) exchange information on economic sectors of common
(c) discuss other matters of mutual interest related to the
application of competition laws or the operation of this
(d) share experiences regarding successful competition
VII. EXISTING LAWS AND CONFIDENTIALITY OF INFORMATION
1. Nothing in this Memorandum will require a Party to take
any action, or to refrain from acting, in a manner
inconsistent with existing laws, or will require any
change in the laws of Taiwan or Colombia.
2. Notwithstanding any other provision in this Memorandum,
neither Party is required to communicate information to
the other Party if such communication is prohibited by
the laws or regulations of the Party possessing the
information, or would be incompatible with the interests
of that Party in the application of its competition law.
No information will be exchanged pursuant to this
Memorandum which could not have been exchanged in the
absence of this Memorandum.
3. Unless otherwise decided by the Parties, each Party will
maintain, to the fullest extent possible, the
confidentiality of any information communicated to it in
confidence by the other Party. Each Party will oppose,
to the fullest extent possible, any request by a third
party for communication of such confidential
information, unless the Party providing the confidential
information consents in writing to its communication.
VIII. COMMUNICATIONS UNDER THIS MEMORANDUM
Communications under this Memorandum will be carried out
directly between the Parties. Each Party may designate a
contact point, as notified in writing to the other Party.
IX. FINAL PROVISIONS
1. This Memorandum will come into effect on the date of the
2. This Memorandum may be amended upon the mutual written
consent of the Parties.
3. This Memorandum will remain in effect for an indefinite
period of time, unless one Party notifies the other in
writing that it wishes to terminate this Memorandum. In
that case, this Memorandum will terminate for the
notifying Party sixty (60) days after such written notice
In witness whereof, the undersigned, being duly authorized by
their respective Governments, have signed this Memorandum.
Signed in duplicate, at Taipei, this 23 day of 6, 2015, and at
Bogota, this 2 day of 9, 2015, in the Chinese, Spanish, and
English languages, all texts being equally authentic. In case of
divergence in the interpretation of this Memorandum, the English
text shall prevail.
FOR THE TAIWAN FAIR TRADE FOR THE SUPERINTENDENCE OF
COMMISSION INDUSTRY AND COMMERCE OF THE
REPUBLIC OF COLOMBIA
SHIOW-MING WU PABLO FELIPE ROBLEDO DEL CASTILLO
Chairperson Superintendent of Industry and