Taiwan (February 6, 2002): Difference between revisions
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'''Score = | '''Score = 22''' | ||
''Governed by:'' Fair Trade Act of 2002 (hereinafter referred to as “FTA”). | ''Governed by:'' Fair Trade Act of 2002 (hereinafter referred to as “FTA”). | ||
Latest revision as of 16:24, 12 October 2007
Score = 22
Governed by: Fair Trade Act of 2002 (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 for divestiture when a company illegally proceeds with a banned merger. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 26 says that investigations can be initiated on the basis of any complaint. |
| Remedies Available to 3rd Parties | 1 | Article 30 and 31 give 3rd parties the right to seek injunctions and damages for injuries as a result of violations of the FTA. | |
| 3rd Party Rights in Proceedings | 1 | Article 27-1 allows certain related 3rd parties to have access to evidence during the investigation. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 11 requires pre-merger notification of certain mergers. | |
| Pre-merger | 2 | Article 11 requires pre-merger notification of certain mergers. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 12 says that the Commission must consider whether the economic benefits outweigh the disadvantages to competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 12 says that the Commission must consider whether the economic benefits outweigh 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 the imposition of discriminatory trading conditions. | |
| Resale Price Maintenance | 1 | Article 18 prohibits resale price maintenance. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 14 gives efficiency defenses for concerted actions. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 7 defines price fixing as a concerted action. |
| Tying | 1 | Article 19 prohibits tying | |
| Market Division | 1 | Article 7 defines market division as a concerted action. | |
| Output Restraint | 1 | Article 7 defines output restraint as a concerted action. | |
| Market Sharing | 1 | Article 7 defines market sharing as a concerted action. | |
| Eliminating Competitors | 1 | Article 19 prohibits limiting a competitor’s business activity improperly. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 7 prohibits bid-rigging as a concerted action | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 14 gives efficiency defenses for concerted actions. |
References
- ↑ Taiwan Free Trade Commission website, http://www.ftc.gov.tw/EnglishWeb/20000101299901011508.htm; Laws and Regulations Database of China, http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=169&msgType=en