Page 439 - Regional Comprehensive Economic Partnership (RCEP)

Article 13.4: Cooperation (d) upon request, coordination in enforcement actions
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between or among Parties in relation to the same or related
The Parties recognise the importance of cooperation between or among anti-competitive activities.
their respective competition authorities to promote effective competition
law enforcement. To this end, the Parties may cooperate on issues
relating to competition law enforcement, through their respective Article 13.5: Confidentiality of Information
competition authorities, in a manner compatible with their respective
laws, regulations, and important interests, and within their respective 1. This Chapter shall not require the sharing of information by a
available resources. The form of such cooperation may include: Party, which is contrary to that Party’s laws, regulations, and
important interests.
(a) notification by a Party to another Party of its competition
law enforcement activities that it considers may 2. Where a Party requests confidential information under this
substantially affect the important interests of the other Chapter, the requesting Party shall notify the requested Party of:
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Party, as promptly as reasonably possible;
(a) the purpose of the request;
(b) upon request, discussion between or among Parties to
address any matter relating to competition law (b) the intended use of the requested information; and
enforcement that substantially affects the important
interest of the requesting Party; (c) any laws or regulations of the requesting Party that may
affect the confidentiality of information or require the use of
(c) upon request, exchange of information between or among the information for purposes not agreed upon by the
Parties to foster understanding or to facilitate effective requested Party.
competition law enforcement; and
3. The sharing of confidential information between any of the Parties
and the use of such information shall be based on terms and
conditions agreed by the Parties concerned.

4. If information shared under this Chapter is shared on a
4 This Article is subject to: confidential basis, then, except to comply with its laws and
regulations, the Party receiving the information shall:
(a) Annex 13A (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to Brunei
Darussalam); (a) maintain the confidentiality of the information received;

(b) Annex 13B (Application of Article 13.3 (Appropriate Measures against (b) use the information received only for the purpose disclosed
Anti-Competitive Activities) and Article 13.4 (Cooperation) to
Cambodia); at the time of the request, unless otherwise authorised by
the Party providing the information;
(c) Annex 13C (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to Lao (c) not use the information received as evidence in criminal
PDR); and proceedings carried out by a court or a judge unless, on
request of the Party receiving the information, such
(d) Annex 13D (Application of Article 13.3 (Appropriate Measures against
Anti-Competitive Activities) and Article 13.4 (Cooperation) to information was provided for such use in criminal
Myanmar). proceedings through diplomatic channels or other
channels established in accordance with the laws and
5 In the case of notification to the competition authority of Japan pursuant to this regulations of the Parties concerned;
subparagraph, the notification should be confirmed in writing through the diplomatic
channel. Such confirmation should be made as promptly as possible after the
communication concerned among the competition authorities of the Parties concerned.

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