Memorandum of Understanding on cooperation between the Commissioner of Competition, Competition Bureau of the Government of Canada and the State Administration for Industry and Commerce of the People's Republic of China

March 23, 2015


The Commissioner of Competition, Competition Bureau of the Government of Canada (The “Competition Bureau”) and the State Administration for Industry and Commerce of the People's Republic of China (“SAIC”) (hereinafter referred to as the “Participants”),

Recognizing the importance of mutual cooperation in promoting effective enforcement of antimonopoly and anti‑unfair competition laws to strengthen competition, promote the interests of consumers in their respective countries, and discourage anti‑competitive conduct and deceptive marketing,

Have come to the following understanding:

On this page

  1. Purpose of cooperation
  2. Scope of cooperation
  3. Format of cooperation
  4. Liaison department
  5. Cooperation resources
  6. Information sharing and confidentiality
  7. Legal effect
  8. Differences in interpretation and application
  9. Entry into effect and termination

1. Purpose of cooperation

The purpose of this Memorandum of Understanding (“MOU”) is to further develop communication and cooperation between the Participants in the fields of antimonopoly and anti‑unfair competition law enforcement and policy by establishing a general framework for bilateral cooperation.

2. Scope of cooperation

2.1. The Participants will, as appropriate and in accordance with the laws of their respective country, cooperate in the fields of antimonopoly and anti‑unfair competition law enforcement and policy within their respective mandates, including, but not limited to:

  1. keeping each other informed of significant policy and enforcement developments in antimonopoly and anti‑unfair competition matters in their respective countries, including, subject to Paragraph 6, notifying each other, when reasonably practical, of enforcement activities that may affect the other Participant’s interests in the application of its antimonopoly or anti‑unfair competition laws;
  2. enhancing the Participants’ knowledge and enforcement capabilities by means of activities related to antimonopoly and anti‑unfair competition law enforcement and policy, such as training programs, workshops, study missions and internships;
  3. exchanging experiences on antimonopoly and anti‑unfair competition law enforcement;
  4. providing information or advice on request from the other Participant regarding matters of antimonopoly and anti‑unfair competition law enforcement and policy;
  5. providing comments on proposed changes to antimonopoly and anti‑unfair competition laws, regulations, rules and guidelines;
  6. exchanging views on international competition law enforcement and policy; and
  7. exchanging experiences in raising awareness of competition law and policy among businesses, other government agencies and the public.

2.2. The Participants understand that, when they are investigating related matters, it may be in their common interest to cooperate with each other, in a manner consistent with their respective enforcement interests, legal constraints, and available resources.

3. Format of cooperation

The Participants will meet at intervals to review progress under this MOU and determine specific cooperative projects. Such meetings will alternate between the offices of each Participant, or will be held on the margins of other events attended by both Participants, as decided upon by the Participants.

4. Liaison department

The Participants will appoint a Liaison Department from their respective offices to ensure adequate communication between the Participants.

For the Competition Bureau:

Legislative and International Affairs Branch
Fax: +1 (819) 953‑6400
Email: International.Affairs@canada.ca

For SAIC:

Department of International Cooperation
Tel: 86‑10‑88651509
Fax: 86‑10‑68010463
Email: intl@saic.gov.cn

5. Cooperation resources

This MOU does not obligate the expenditure of funds. The Participants understand that their activities under this MOU will be subject to the availability of their respective funds and to each Participant’s budgetary priorities. In cooperative activities, costs will be borne by the Participant that incurs them.

6. Information sharing and confidentiality

6.1 The communication of any information is at the discretion of the Participants.

6.2 A Participant may decline a request to communicate information to the other Participant if such communication is prohibited by the laws governing the Participant possessing the information, or is incompatible with its interests.

6.3 Subject to complying with any relevant legal requirements and unless otherwise consented to by the other Participant in writing in advance, each Participant will keep the confidentiality of information provided by the other Participant under this MOU.

This MOU is not legally binding, and does not affect the rights and obligations of the Participants under other instruments.

8. Differences in interpretation and application

The Participants will resolve any differences arising out of the interpretation or application of this MOU through consultations.

9. Entry into effect and termination

9.1 This MOU will take effect on the date of its last signature by the Participants.

9.2 The Participants may amend this MOU at any time by mutual written consent.

9.3 Either Participant may terminate this MOU upon ninety (90) days’ written notice to the other Participant.

Signed in duplicate at space to insert signature on this space to insert signature day of space to insert date 2015, in the English, French and Chinese languages, each text being equally valid.

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For the Commissioner of Competition, Competition Bureau of the Government of Canada

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For the State Administration for Industry and Commerce of the People's Republic of China