March 2026
TFTC Raises the Turnover Thresholds for Merger Filings and Monopoly Exemptions
Considering recent economic growth trends, changes in market scale, and the enhancement of administrative efficiency in Taiwan, the Taiwan Fair Trade Commission (hereinafter, the “TFTC”) issued two regulatory amendments in January 2026, both of which became effective on their respective dates of announcement. The core of these amendments lies in raising the turnover thresholds for merger filings and adjusting the total turnover threshold for enterprises to be excluded from the determination of a monopolistic enterprise. According to the TFTC, these measures aim to reduce the legal compliance burden on enterprises and “loosen regulatory control.”
[1]
The key points of the amendments are as follows:
I. Raising Turnover Thresholds for Merger Filings
Regarding the supervision of business combinations, the TFTC amended Items 1 and 4 of the “Thresholds for Turnover and Calculation Methods for Merger Filing to the Fair Trade Commission” per Announcement Kung-Tzu-Tzu No. 1152160003 dated January 28, 2026. A merger filing must be submitted if any of the following conditions are met:
1. The aggregate global turnover of all enterprises participating in the merger for the preceding fiscal year exceeds NTD 50 billion (previously NTD 40 billion), and at least two of the enterprises each have a domestic turnover in the preceding fiscal year exceeding NTD 3 billion (previously NTD 2 billion).
2. For mergers involving non-financial enterprises, the domestic turnover of one enterprise in the preceding fiscal year exceeds NTD 20 billion (previously NTD 15 billion), and the domestic turnover of the other participating enterprise exceeds NTD 3 billion (previously NTD 2 billion).
3. For mergers involving financial institutions, the domestic turnover of one enterprise in the preceding fiscal year exceeds NTD 40 billion (previously NTD 30 billion), and the domestic turnover of the other participating enterprise exceeds NTD 3 billion (previously NTD 2 billion).
4. Furthermore, in alignment with the amendment of the Regulations Governing the Preparation of Financial Reports by Insurance Enterprises by the Financial Supervisory Commission, the basis for determining the turnover of the insurance industry has been revised from “total operating revenue” to “the sum of insurance income, net investment income, asset management service income, and other operating income.”
II. Raising the Turnover Threshold for Exclusion from Monopoly Determination
Previously, per the TFTC Order dated March 4, 2015 (see Order Kung-Zong-Tzu No. 10411601871), an enterprise with a total turnover of less than NTD 2 billion in the preceding fiscal year was not included in the scope of monopoly determination.
On January 30, 2026, the TFTC issued an announcement (Kung -Tzu-Tzu No. 1152160008) raising the “total turnover threshold for exclusion from the scope of monopoly determination” to NTD 3 billion. Accordingly, an enterprise whose total turnover in the preceding fiscal year is less than NTD 3 billion shall, in principle, not be considered for monopoly determination.
When planning M&A transactions or assessing market positions, enterprises should verify their revenue against the latest announced thresholds to ensure full compliance with the TFTC’s regulations.
[1] Press Release, Fair Trade Commission, Raising the Turnover Thresholds for Merger Filing in Response to Economic Growth Trends (Jan. 21, 2026), https://www.ftc.gov.tw/internet/main/doc/docDetail.aspx?uid=126&docid=18330; Press Release, Fair Trade Commission, TFTC Increased the Turnover Thresholds for Excluding Enterprises from Monopoly Designation to NTD 3 Billion (Jan. 21, 2026), https://www.ftc.gov.tw/internet/main/doc/docDetail.aspx?uid=126&docid=18329.
I. Raising Turnover Thresholds for Merger Filings
Regarding the supervision of business combinations, the TFTC amended Items 1 and 4 of the “Thresholds for Turnover and Calculation Methods for Merger Filing to the Fair Trade Commission” per Announcement Kung-Tzu-Tzu No. 1152160003 dated January 28, 2026. A merger filing must be submitted if any of the following conditions are met:
1. The aggregate global turnover of all enterprises participating in the merger for the preceding fiscal year exceeds NTD 50 billion (previously NTD 40 billion), and at least two of the enterprises each have a domestic turnover in the preceding fiscal year exceeding NTD 3 billion (previously NTD 2 billion).
2. For mergers involving non-financial enterprises, the domestic turnover of one enterprise in the preceding fiscal year exceeds NTD 20 billion (previously NTD 15 billion), and the domestic turnover of the other participating enterprise exceeds NTD 3 billion (previously NTD 2 billion).
3. For mergers involving financial institutions, the domestic turnover of one enterprise in the preceding fiscal year exceeds NTD 40 billion (previously NTD 30 billion), and the domestic turnover of the other participating enterprise exceeds NTD 3 billion (previously NTD 2 billion).
4. Furthermore, in alignment with the amendment of the Regulations Governing the Preparation of Financial Reports by Insurance Enterprises by the Financial Supervisory Commission, the basis for determining the turnover of the insurance industry has been revised from “total operating revenue” to “the sum of insurance income, net investment income, asset management service income, and other operating income.”
II. Raising the Turnover Threshold for Exclusion from Monopoly Determination
Previously, per the TFTC Order dated March 4, 2015 (see Order Kung-Zong-Tzu No. 10411601871), an enterprise with a total turnover of less than NTD 2 billion in the preceding fiscal year was not included in the scope of monopoly determination.
On January 30, 2026, the TFTC issued an announcement (Kung -Tzu-Tzu No. 1152160008) raising the “total turnover threshold for exclusion from the scope of monopoly determination” to NTD 3 billion. Accordingly, an enterprise whose total turnover in the preceding fiscal year is less than NTD 3 billion shall, in principle, not be considered for monopoly determination.
When planning M&A transactions or assessing market positions, enterprises should verify their revenue against the latest announced thresholds to ensure full compliance with the TFTC’s regulations.
[1] Press Release, Fair Trade Commission, Raising the Turnover Thresholds for Merger Filing in Response to Economic Growth Trends (Jan. 21, 2026), https://www.ftc.gov.tw/internet/main/doc/docDetail.aspx?uid=126&docid=18330; Press Release, Fair Trade Commission, TFTC Increased the Turnover Thresholds for Excluding Enterprises from Monopoly Designation to NTD 3 Billion (Jan. 21, 2026), https://www.ftc.gov.tw/internet/main/doc/docDetail.aspx?uid=126&docid=18329.
