Best Antitrust Litigation Lawyers in Taiwan

About Antitrust Litigation Law in Taiwan, Taiwan

Antitrust litigation in Taiwan, Taiwan refers to legal actions associated with violations of the Fair Trade Act, the primary competition law in Taiwan. The Fair Trade Act was first enacted in 1991 and has since been revised several times to strengthen the framework against monopolistic practices, cartels, price-fixing, abuse of dominance, and unfair competition. The objective of antitrust law is to ensure a fair, free, and open market while protecting consumer interests and encouraging business innovation. Antitrust litigation generally involves disputes between private parties or enforcement actions initiated by Taiwan’s Fair Trade Commission (TFTC) in relation to practices that restrict or distort market competition.

Why You May Need a Lawyer

Antitrust litigation is a highly specialized legal field and can involve significant financial and reputational risks for individuals and companies. Here are some situations where legal help may be essential:

• You are accused of participating in anti-competitive agreements, such as price-fixing or collusion.
• Your company is under investigation by the TFTC for alleged abuse of market dominance.
• You suspect a competitor is engaging in unfair trading practices harming your business.
• You have received requests from authorities for information or documents related to a competition law inquiry.
• You want to ensure your business strategies, such as mergers or exclusive contracts, comply with local antitrust laws.
• You are seeking compensation for damages caused by another party’s violation of competition law.

Local Laws Overview

The foundation of antitrust law in Taiwan is the Fair Trade Act, enforced by the Taiwan Fair Trade Commission. Key aspects of antitrust and competition law in Taiwan include:

• Prohibited Practices: The Act bans concerted actions (for example, price-fixing or market allocation), abuse of dominant market position, resale price maintenance, and unfair competition.
• Merger Control: Mergers, acquisitions, and joint ventures may be subject to pre-merger notification and review by the TFTC if they meet specific turnover or market share thresholds.
• Investigatory Powers: The TFTC can investigate complaints, conduct dawn raids, request documents, and interview witnesses.
• Penalties: Violations can lead to fines, orders to cease and rectify offending conduct, or in extreme cases, criminal liability for individuals or companies involved.
• Private Litigation: Victims of antitrust violations can claim damages through civil litigation in addition to regulatory enforcement actions by authorities.
• Leniency Program: Companies that report their involvement in anti-competitive conduct may benefit from reduced fines under the TFTC’s leniency policy.

Frequently Asked Questions

What is antitrust litigation?

Antitrust litigation involves legal disputes arising from alleged violations of competition law, such as price-fixing, abuse of market dominance, or cartel behavior, and typically includes enforcement actions or private damage claims.

Who enforces antitrust law in Taiwan?

The primary agency responsible for enforcing competition law in Taiwan is the Taiwan Fair Trade Commission (TFTC).

What conduct is considered illegal under Taiwan’s antitrust law?

Illegal conduct includes price-fixing, bid rigging, market allocation, abuse of dominance, and restrictive agreements that harm fair market competition.

Can a company be penalized for refusing to supply goods or services?

Yes, if a company with significant market power refuses to supply to exclude competitors or control markets, this may be classified as abuse of dominance and result in penalties.

Can individuals be held liable for antitrust violations?

Yes, responsible individuals, such as company directors or managers, can also face administrative and, in some cases, criminal penalties.

Are all mergers subject to TFTC review?

No, only mergers that meet certain turnover or market share thresholds require pre-merger notification and review by the TFTC.

What are the possible penalties for antitrust violations?

Penalties may include administrative fines, orders to cease offending conduct, correction orders, reputational damage, and for severe cases, criminal liability.

Can I file a lawsuit against a business for unfair competition?

Yes, both individuals and businesses can bring private lawsuits seeking damages for harm caused by anti-competitive or unfair practices.

What is the leniency program?

The leniency program allows parties involved in unlawful conduct, like a cartel, to come forward voluntarily in exchange for reduced fines or other benefits, provided they cooperate fully with the investigation.

How long does an antitrust investigation usually take?

The duration varies depending on complexity, but investigations can range from several months to multiple years, especially if there are appeals or parallel lawsuits.

Additional Resources

If you need assistance or more information about antitrust litigation in Taiwan, Taiwan, consider reaching out to the following resources:

• Taiwan Fair Trade Commission (TFTC): The principal regulatory body for antitrust matters in Taiwan, providing guidance, handling complaints, and enforcing laws.
• Ministry of Economic Affairs (MOEA): Oversees business practices and offers information on competition and trade regulations.
• Legal Aid Foundation: Provides initial legal advice and support for eligible individuals confronting legal issues, including competition law.
• Local Bar Associations: Can recommend experienced antitrust lawyers or offer referrals for specialized legal support.

Next Steps

If you believe you need legal assistance in an antitrust matter in Taiwan, it is important to act promptly. Here is how you can proceed:

• Gather all relevant documents and information, including contracts, correspondence, and any communication from regulatory bodies.
• Contact a lawyer or law firm that specializes in antitrust or competition law for an initial consultation.
• If you are under investigation, consult a lawyer before responding to inquiries from the TFTC or any other authority.
• Follow legal advice carefully to ensure compliance and to protect your rights during investigations or litigation.
• Consider mediation or settlement options if recommended by your legal counsel to resolve disputes efficiently.

By taking these steps, you can better protect your interests and navigate the complexities of antitrust litigation in Taiwan.