The Study of Defining Relevant Market and Theory of Administrative Investigation about Fair Trade Commission
Date Issued
2015
Date
2015
Author(s)
Hung, Da-Chih
Abstract
Regulations for the conducts of enterprise about Fair Trade Act, differ from the degree of market power, and can be divided into monopoly, considerable market power, and relative market power. In order to appropriately evaluate how to response to the competition conducts of enterprise, competent authority should make sure first the degree of market power of the enterprise. This doctoral dissertation demonstrates the regulations and cases, including the attitude of Fair Trade Commission and the Administrative Court about investigating and identifying market power, the theory for administrative investigation and the investigation power of Fair Trade Commission, as well as the relevant materials of competition law in US, EU and Japan. By combining practice and theory ways, hope to built the legal system for Fair Trade Commission. Through the above research, this doctoral dissertation made several amendments for the practical operation of Fair Trade Act as follows: 1.Defining market about concerted action, because of the breach and the object should be scope for the transaction as the basis, the market definition is no necessary to be so meticulous. About regulating mergers, competent authority should consider the use hearing process more often, give competitors, upstream and downstream manufacturers, consumers and other interested parties the opportunity to promote their views about the merger. In addition, the definition of the market approach should take the management patterns of enterprises into considerations. 2.While respondents subject to general survey refuse to cooperate, there is no compulsory powers to compel, however Fair Trade Commission should still regularly collect relevant information of some industry that influence market competition greater. When breaches occur, Fair Trade Commission could use the compulsory measures of Fair Trade Act to investigate relevant information. In investigating cases, according to the legal effects of violation to differentiate the investigation procedures. In addition, the principle of self-incrimination do not apply in the case of administrative investigation, so the key point is to forbidden the information obtained from the administrative investigation to provide to the criminal investigation, otherwise it will break the self-incrimination protection. 3.The amendments of Fair Trade Act is to revise search and seizure provisions against restraints of competition cases.However, the penalty to interfere or refuse to cooperate investigation is too low, so if the amount of the penalty do not improve, revising search and seizure provisions is contrary to the principle of proportionality.
Subjects
Market Definition
Administrative Investigations
Criminal Investigations
the Right against Self-incrimination
Data Utilization
SDGs
Type
thesis
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