Competition Law 彙整 - Page 3 of 3

2017 年 8 月 8 日

The failure of a customer to sign an agreement on a quarterly basis as it used to the extent that the seller chooses another distributor under such circumstance is a normal and reasonable business consideration and is not an abuse of market position(Taiwna)

Sean Liu The Supreme Administrative Court rendered the 104-Pan-54 Decision of January 29, 2015 (hereinafter, the “Decision”), holding that the failure of a customer to sign an agreement on a quarterly basis as it used to the extent that the […]

2017 年 8 月 8 日

Antitrust Guidelines for the Automobile Industry (Solicitation for Opinions) (Mainland China)

James Cheng On March 23, 2016, the Anti-Monopoly Commission of the State Council promulgated the Solicitation for Opinions on the Anti-monopoly Guidelines for Abuse of Intellectual Property Rights (hereinafter, the “Guidelines”), in which opinions were solicited from the public from […]

2017 年 8 月 8 日

Interpretation of the Enterprises Participating in Concerted Action under Article 14 of the Fair Trade Law(Taiwan)

Sean Liu The Fair Trade Commission issued the Gong-Fa-10515600941 Circular of March 1, 2016 (hereinafter, the “Circular”) to interpret the meaning of the expression “sufficient to impact market functions such as production, trade in goods or supply or demand of […]

2017 年 8 月 8 日

Amendments to the Principles of the Fair Trade Commission for Handling Warning Letters Concerning Copyright, Trademark Right or Patent Right Infringement by Enterprises(Taiwan)

Sean Liu The Fair Trade Commission amended Paragraph 6 of the Principles of the Fair Trade Commission for Handling Warning Letters Concerning Copyright, Trademark Right or Patent Right Infringement by Enterprises (hereinafter, the “Principles”) via the Kong-Fa-1041561063 Directive of December […]

2017 年 8 月 8 日

Although an enterprise does not use the symbol of another entity for purposes of competition, still if any obviously unfair act sufficient to undermine trading order such as false association with the goodwill of such other entity is engaged, such practice shall be sanctioned in accordance with Article 24 of the Fair Trade Law(Taiwan)

Sean Liu The Supreme Court rendered the 105-Tai-Shang-81 Civil Decision of January 14, 2016 (hereinafter, the “Decision”), holding that although an enterprise does not use the symbol of another entity for purposes of competition, still if any obviously unfair act […]

2017 年 8 月 8 日

Anti-monopoly Guidelines of the Anti-monopoly Commission of the State Council on Abuse of Intellectual Property Rights (Solicitation for Opinions)(Mainland China)

James Cheng On December 31, 2015, the Anti-monopoly Commission of the State Council promulgated a solicitation for comments concerning the Anti-monopoly Guidelines on Abuse of Intellectual Property Rights (hereinafter, the “Guidelines”) from the public during January 1, 2016 through January […]

2017 年 8 月 8 日

Since the market value of special exhibition items is claimed in advertisements to attract visitors, such value should be based on comparable actual market transaction prices or appraised prices determined by fair and objective third parties(Taiwan)

2016.12.08 Sean Liu The Taipei High Administrative Court rendered the 105-Su-865 Administrative Decision of December 8, 2016 (hereinafter, the “Decision”), holding that since the market value of special exhibition items is claimed in advertisements to attract visitors, such value should […]

2017 年 8 月 8 日

The “misleading” advertisements prohibited under Article 21 of the Fair Trade Law refer to those which are likely to cause misconceptions or erroneous decisions among the general or relevant public, regardless of whether their indications or representations are consistent with the reality(Taiwan)

2016.10.20 Sean Liu The Taipei High Administrative Court rendered the 105-Su-790 Decision of October 20, 2016 (hereinafter, the “Decision”), holding that the “misleading” advertisements prohibited under Article 21 of the Fair Trade Law refer to those which are likely to […]

2017 年 8 月 8 日

The evidence relied on to determine if a party is in fact in violation for concerted action is not limited to direct evidence(Taiwan)

2016.07.15 Sean Liu The Supreme Administrative Court rendered the 105-Pan-366 Decision of July 15, 2016 (hereinafter, the “Decision”), holding that the evidence relied on to determine if a party is in fact in violation for concerted action is not limited […]

2017 年 8 月 8 日

The Fair Trade Commission prescribed the Standard for Applying Article 64 of the Fair Trade Law(Taiwan)

2016.08.04 Sean Liu The Fair Trade Commission promulgated the Standard for Applying Article 46 of the Fair Trade Law (hereinafter, the “Standard”) via the Gong-Fa-10515605372 Directive of August 4, 2016. Consisting of six articles, the Standard came into effect immediately. […]

2017 年 6 月 30 日

A third party informing against the Plaintiff for violation of the Fair Trade Law is not a legally interested party under the theory of protective norms and may not request to intervene in a lawsuit(Taiwan)

2017.4.18 Sean Liu The Taipei High Administrative Court rendered the 105-Su-1916 Ruling of April 18, 2017 (hereinafter, the “Ruling”), holding that a third party informing against the Plaintiff for violation of the Fair Trade Law is not a legally interested […]

2017 年 5 月 31 日

Anti-monopoly Guidelines on Abuse of Intellectual Property Rights (Draft for Comments)(Mainland China)

2017.3.23 James Cheng On March 23, 2017, the State Council Anti-monopoly Committee promulgated the second version of the Anti-monopoly Guidelines on Abuse of Intellectual Property Rights (Draft for Comments) (the “Guidelines”) following the previous version promulgated at the end of […]

2017 年 5 月 31 日

Administrative Measures for Automobile Sales(Mainland China)

2017.4.5 James Cheng On April 5, 2017, the Ministry of Commerce promulgated the Administrative Measures for Automobile Sales (the “Measures”), which will go into effect on July 1, 2017. The Measures cover issues such as the classification of automobile sales […]