Competition Law

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July 2020

The contents of a disposition that demands rectification within a stated period should be clear in order to serve as the basis of continuous penalties (Taiwan)

May 2020

If the names, trade names or company names of others are not generally known to relevant enterprises or consumers, the use of such identical or similar name can hardly be found to constitute unfair competition (Taiwan)

March 2020

The infringement of a company's right of name is not limited to the use of the same name, and lawful registration cannot be asserted as a defense for disputes over similar company names (Taiwan)

November 2019

If the preferential offerings stressed in an enterprise's advertisements are sufficient to cause misperceptions, even though the consumers subsequently understand the complete information, this is still sufficient to conclude that false advertising is conducted to the extent of undermining market trading order (Taiwan)

June 2019

To determine whether the launch of the drug at issue by an enterprise which uses a package similar to other drugs with the same functions in the market constitutes an act of unfair competition which confuses the consumers and undermines the trading order, the Supreme Court held that factors such as the business trading practices for prescription drugs, industry characteristics and the placement location of the advertisement for the drug at issue should be generally considered. (Taiwan)

May 2019

If messages on a price comparison platform are hyperlinked to other operators' websites, the users should be able to learn about the sources of information with names and logos as differentiators; and, therefore, there is no deceptive act of active duping or passive concealment of important trading information (Taiwan)

August 2018

Since an integrated search platform for real estate rental and sales information still requires an intermediary company in order to engage in a transaction and such system is not used to win trading opportunities for intermediaries, it should not be generally alleged that this constitutes unfair competition because a certain degree of competition exists (Taiwan)

July 2018

A concerted action should be preconditioned by its ability to affect market functions with respect to production, trade in goods or service provision; and whether it has reached the extent of affecting market functions should be generally determined by the criteria of quality and quantity (Taiwan)

June 2018

Stopping illegal and unfair competitive acts of others through approaches which are peaceful and meet the principle of proportionality such as reporting legal violations is a justified exercise of rights under Article 45 of the Fair Trade Law (Taiwan)

May 2018

Getting the Deal Through: Dominance 2018 - Taiwan
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