Taiwan (February 6, 2002)

Score = 23

Governed by: Fair Trade Act of 2002 (hereinafter referred to as “FTA”).

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.