Common use of Avoidance of Conflict Clause in Contracts

Avoidance of Conflict. 1. Within the framework of its own laws and to the extent compatible with its important interests, each Party shall, having regard to the purpose of this Agreement as set out in Article I, give careful consideration to the other Party’s important interests throughout all phases of competition enforcement activities, including decisions regarding the ini- tiation of an investigation or proceeding, the scope of an investigation or proceeding and the nature of the remedies or penalties sought in each case. 2. Where it appears that one Party’s enforcement activities may adversely affect the im- portant interests of the other Party, each Party shall, consistent with the general princi- ples set out above, use its best efforts to arrive at an appropriate accommodation of the Parties competing interests and in doing so each Party shall consider all relevant factors, including: (i) the relative significance to the anticompetitive activities involved of conduct occur- ring within one Party’s territory as compared to conduct occurring within that of the other; (ii) the relative significance and foreseeability of the effects of the anticompetitive ac- tivities on one Party’s important interests as compared to the effects on the other Party’s important interests; (iii) the presence or absence of a purpose on the part of those engaged in the anticom- petitive activities to affect consumers, suppliers or competitors within the enforcing Party’s territory; (iv) the degree of conflict or consistency between the enforcement activities and the other Party’s laws or articulated economic policies including those expressed in the ap- plication of, or decisions under, their respective competition laws; (v) whether private persons, either natural or legal, will be placed under conflicting re- quirements by both Parties; (vi) the existence or absence of reasonable expectations that would be furthered or de- feated by the enforcement activities; (vii) the location of relevant assets; (viii) the degree to which a remedy, in order to be effective, must be carried out within the other Party’s territory; (ix) the need to minimise the negative effects on the other Party’s important interests, in particular when implementing remedies to address anti-competitive effects within the Party’s territory, and (x) the extent to which enforcement activities of the other Party with respect to the same persons, including judgments or undertakings resulting from such activities, would be affected.

Avoidance of Conflict. 1. Within the framework of its own laws and to the extent compatible with its important interests, each Party shall, having regard to the purpose of this Agreement as set out in Article I, give careful consideration to the other Party’s 's important interests throughout all phases of competition enforcement activities, including decisions regarding the ini- tiation 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. 2. Where it appears that one Party’s 's enforcement activities may adversely affect the im- portant important interests of the other Party, each Party shall, consistent with the general princi- ples principles set out above, use its best efforts to arrive at an appropriate accommodation of the Parties competing interests and in doing so each Party shall consider all relevant factors, including: (i) the relative significance to the anticompetitive anti-competitive activities involved of conduct occur- ring occurring within one Party’s 's territory as compared to conduct occurring within that of the other; (ii) the relative significance and foreseeability of the effects of the anticompetitive ac- tivities anti-competitive activities on one Party’s 's important interests as compared to the effects on the other Party’s 's important interests; (iii) the presence or absence of a purpose on the part of those engaged in the anticom- petitive anti-competitive activities to affect consumers, suppliers or competitors within the enforcing Party’s 's territory; (iv) the degree of conflict or consistency between the enforcement activities and the other Party’s 's laws or articulated economic policies including those expressed in the ap- plication application of, or decisions under, their respective competition laws; (v) whether private persons, either natural or legal, will be placed under conflicting re- quirements requirements by both Parties; (vi) the existence or absence of reasonable expectations that would be furthered or de- feated defeated by the enforcement activities; (vii) the location of relevant assets; (viii) the degree to which a remedy, in order to be effective, must be carried out within the other Party’s 's territory; (ix) the need to minimise the negative effects on the other Party’s 's important interests, in particular when implementing remedies to address anti-competitive effects within the Party’s 's territory, ; and (x) the extent to which enforcement activities of the other Party with respect to the same persons, including judgments or undertakings resulting from such activities, would be affected.

Avoidance of Conflict. 1. Within the framework of its own laws and to the extent compatible with its important interests, each Party shall, having regard to the purpose of this Agreement as set out in Article I, give careful consideration to the other Party’s 's important interests inter- ests throughout all phases of competition enforcement activitiesactivi- ties, including decisions regarding the ini- tiation initiation of an investigation invest- igation or proceeding, the scope of an investigation or proceeding and the nature of the remedies or penalties sought in each case. 2. Where it appears that one Party’s 's enforcement activities may adversely affect the im- portant important interests of the other Party, each Party shall, consistent with the general princi- ples principles set out above, use its best efforts to arrive at an appropriate accommodation accommo- dation of the Parties competing interests and in doing so each Party shall consider all relevant factors, including: (i) the relative significance to the anticompetitive activities involved of conduct occur- ring occurring within one Party’s 's territory as compared to conduct occurring within that of the other; (ii) the relative significance and foreseeability of the effects of the anticompetitive ac- tivities activities on one Party’s 's important interests as compared to the effects on the other Party’s 's important interests; (iii) the presence or absence of a purpose on the part of those engaged in the anticom- petitive anticompetitive activities to affect consumers, suppliers or competitors within the enforcing Party’s 's territory; (iv) the degree of conflict or consistency between the enforcement enforce- ment activities and the other Party’s 's laws or articulated economic policies including those expressed in the ap- plication application of, or decisions under, their respective competition laws; (v) whether private persons, either natural or legal, will be placed under conflicting re- quirements requirements by both Parties; (vi) the existence or absence of reasonable expectations that would be furthered or de- feated defeated by the enforcement activitiesactivi- ties; (vii) the location of relevant assets; (viii) the degree to which a remedy, in order to be effective, must be carried out within the other Party’s 's territory; (ix) the need to minimise the negative effects on the other Party’s 's important interests, in particular when implementing imple- ▇▇▇▇▇▇▇ remedies to address anti-competitive effects within the Party’s 's territory, and (x) the extent to which enforcement activities of the other Party with respect to the same persons, including judgments judg- ments or undertakings resulting from such activities, would be affected.