Taiwan (April 26, 2000): Difference between revisions
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New page: '''Score = 22''' ''Governed by:'' The Fair Trade Act of 2000 (hereinafter referred to as “FTA”). <ref>Taiwan Fair Trade Commission website, http://www.ftc.gov.tw/20000101299912311232... |
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'''Score = | '''Score = 21''' | ||
''Governed by:'' The Fair Trade Act of 2000 (hereinafter referred to as “FTA”). | ''Governed by:'' The Fair Trade Act of 2000 (hereinafter referred to as “FTA”). | ||
<ref>Taiwan Fair Trade Commission website, http://www.ftc.gov.tw/ | <ref>Taiwan Fair Trade Commission website, http://www.ftc.gov.tw/SHOWFORM.ASP?ISEDIT=YES&MODE=SHOWMODE&FormName=Fair+Trade+Law+of+2000</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
Latest revision as of 16:25, 12 October 2007
Score = 21
Governed by: The Fair Trade Act of 2000 (hereinafter referred to as “FTA”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 35 allows the Commission to impose fines and imprisonment for violations of the FTA. |
| Prison Sentences | 1 | Article 35 allows the Commission to impose fines and imprisonment for violations of the FTA. | |
| Divestitures | 1 | Article 13 allows the Commission to dissolve any illegally formed companies (from unapproved mergers). | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 26 says that the Commission will act on complaints. |
| Remedies Available to 3rd Parties | 1 | Article 30 says that any injured 3rd party can demand removal of infringements and Article 31 says they can collect damages. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 11 requires notification of certain mergers. | |
| Pre-merger | 2 | Article 13 prohibits mergers from occurring until approval is received. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 12 says that a merger will be approved if the economic benefit outweighs the disadvantages to competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 12 says that a merger will be approved if the economic benefit outweighs the disadvantages to competition. | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 10(4) prohibits the abuse of a monopolistic position. | |
| Price Setting | 1 | Article 10(2) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 10(3) prohibits discriminatory trading conditions. | |
| Resale Price Maintenance | 1 | Article 18 prohibits resale price maintenance. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 14 allows certain concerted actions when they are beneficial to the economy as a whole. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 7 defines price fixing as a concerted act. |
| Tying | 1 | Article 19 prohibits tying | |
| Market Division | 1 | Article 7 lists market division as a concerted action. | |
| Output Restraint | 1 | Article 7 defines output restraint as a concerted action. | |
| Market Sharing | 1 | Article 7 lists market sharing as a concerted action. | |
| Eliminating Competitors | 1 | Article 19 prohibits improperly limiting its competitors’ business activity. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 7 prohibits bid-rigging as a concerted action | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 14 allows certain concerted actions when they are beneficial to the economy as a whole. |
References
- ↑ Taiwan Fair Trade Commission website, http://www.ftc.gov.tw/SHOWFORM.ASP?ISEDIT=YES&MODE=SHOWMODE&FormName=Fair+Trade+Law+of+2000