26 June 2002
Fair Trade Commission
Ministry of Foreign Affairs
1. In recent years, as the internationalization of business activities develops, there are more and more cases where violation of competition laws of more than one jurisdiction is concerned or situations where the enforcement activity by the competition authority of one country affects the interests of other countries. In order to deal with such situations, there is an increasing need for the internationalization of enforcement activities and for the strengthening of cooperation among competition authorities.
In this context, the OECD has, to date,adopted the 'Recommendation of the Council Concerning Co-operation between Member Countries on Anticompetitive Practices Affecting International Trade' and the 'Recommendation of the Council Concerning Effective Action Against Hard Core Cartels.' Furthermore, bilateral agreements concerning cooperation in the competition field between major countries such as the United States, the European Communities and Canada etc have also been concluded. On the part of Japan, the 'Agreement between the Government of Japan and the Government of the United States of America concerning Cooperation on Anticompetitive Activities' was concluded in October 1999, and the draft text of the 'Agreement between the Government of Japan and the European Communities concerning Cooperation on Anticompetitive Activities' was initialed by Japan and the European Communities in June of this year.
2. On the basis of the above-mentioned circumstances, the Government of Japan has, this time, decided to begin negotiations with the Government of Canada for the purpose of concluding a cooperation agreement in the field of competition.
3. The possible contents of this agreement are as follows:
(1) Notification with respect to the enforcement activities
(2) Enforcement Cooperation and Coordination
(3) Positive Comity (request for enforcement activities)
(4) Traditional Comity (consideration to important interests)
4. The conclusion of this agreement is expected to: strengthen the enforcement powers of the JFTC against anti-competitive conduct with an international dimension; and advance the cooperative relationship between the competition authorities of Japan and Canada.