Liu, Lawrence S.; Chang, Frank S. --- "Taiwan" [2010] ELECD 776; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 36

Section Title: Taiwan

Author(s): Liu, Lawrence S.; Chang, Frank S.

Number of pages: 9

Extract:

36 Taiwan
Lawrence S. Liu1 and Frank S. Chang2


Introduction
Taiwan's Fair Trade Law (FTL) of 1992, as amended, is highly influenced by EU- and
German-style competition legislation. The two salient components of the FTL are
antitrust law and unfair competition law. The FTL's legislative goals are `maintaining
trade order, protecting consumers' interests, ensuring fair competition, and promoting
economic stability and prosperity'.3 To this end, the enforcement mechanism of FTL
imposes civil liability, criminal sanctions and administrative enforcement.

1. How does a damages action case get started?
Damages actions under Taiwan's FTL are relatively rare, because the legislative focus
is administrative enforcement by Taiwan's Fair Trade Commission (TFTC). In the
view of some commentators, a damages suit may result from business disputes, such as
termination of a dealership. It may also result from large-scale consumer complaints.
There is a very small `antitrust bar', if one exists at all. This is because most lawyers
treat FTL cases as part of their existing corporate, intellectual property or litigation
practice. Also, there is no US-style opt-out class action mechanism, nor is a civil jury
or discovery allowed in Taiwan. In light of these limitations, an attorney may have
limited incentive to indentify and seek to represent parties injured by anticompetitive
acts. In addition, a lawyer cannot solicit clients by using methods which are against
public policy, morals, or lawyers' respect and credibility, as prescribed by the Norm of
Lawyers' Ethics.4
As far as ...