Positioning of Resale Price Maintenance in The Fair Trade Law of Taiwan.
Date Issued
2014
Date
2014
Author(s)
Chang, Jiun-Renn
Abstract
The main purposes of the thesis are discussion on the essential of Article 18 in the Fair Trade Law of Taiwan (hereinafter “the Act”) and whether such regulation on resale price maintenance is reasonable or not. Due to the existence of difficultie in separating unfair competition behavior and the restraint of competition when dealing with the aforementioned issue, the author also touhches upon the interaction between Article 18 and 19. In addition, clarifying the constitutive requirements of Article 18 and the amended draft of the Act is also covered by the thesis.
Owing to the fact that the Act contains influences from legislation of various countries, it leads to the result of separating the regulation of vertical price restrictions and vertical nonprice restrictions in different provisions in the Act. The former is based on the “per se rule”, while the latter “rule of reason” which needed to taken into considiration many conditions, such as market share, the structure of market to be examined. As a consequence, how to determine illegality differs in the vertical price restrictions and vertical nonprice restrictions in Taiwan. The author finds that the line in distinguishing the two is not crystal clear. The better way, in the author’s opinion, in analyaing and finding the answers to most situations, is to combine these two mathods.
Turing to the amended draft of the Act, on the one hand, the amended draft to Article 18 places the vertical price restriction in the Chapter entitling “Restraint of Competition.” This has changed nature of Article 18 from the rules of effectiveness to be rules of prohibition, and broaden the span of control, including the “Service”. On the other hand, the amended draft to Article 19, subsection 4 and 5, confounded the concept between restraint of competition and unfair competition behavior, which makes the Article 19 even harder to explain.
With profound study on the administrative penalties made from Fair Trade Commission and court’s decision, the thesis concludes with the following suggestions: canceling Article 18, and covering vertical price or nonprice restriction by Article 19, subsection 6. Also, the thesis also provides a new method in investigating procedure.
Subjects
維持轉售價格
當然違法
合理原則
經濟分析
公平競爭
Type
thesis
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