公平交易法執行（Enforcement）機制強化之研究

2006-08-012024-05-17https://scholars.lib.ntu.edu.tw/handle/123456789/690201摘要：本研究問題意識起於現行公平法除公平會之行政執行外，其他依據民事責任（含進制令與損害賠償）、刑事罰則執行效力之不彰；甚至於行政執行上，由於公平會實務運作幾乎將其執法資源85％以上都置於引人誤認廣告、多層次傳銷及公平法第24條等規定上，造成對經濟公益影響甚鉅之限制競爭行為，反成為公平會實務運作之少數，此種執法資源的扭曲以及未能善用民事責任規範分擔公平法執行功能，實非未來我國公平法及公平會健全發展之福。如何從行政、民事、刑事等責任間妥適分工之觀點，健全公平法整體執行機制運作，以有效遏阻公平法違反行為的發生，厥為本研究之課題。在上述問題意識下，本計畫希冀以二年時間，從事公平法執行力改善之研究。於第一年中，首先將就導致現行民事<br> Abstract: While most of the substantive regulations of Taiwan's Fair Trade Act have been studied in a very detailed way and many high-quality results have been brought about, its procedural counterparts are often neglected in scholarly circle. The outcome is that almost all the enforcement responsibility goes to Taiwan's Fair Trade Commission. Only few of them are done by private enterprises on their own initiatives. The performance of the Fair Trade Act's enforcement is, therefore, only poorly evaluated. Anyway, even those enforcements done by the Fair Trade Commission itself are not duly performed. Most of the Fair Trade Commission's enforcement resources are distributed to private issues such as misleading advertising, multi-level marketing, and unfair and deceptive method of dealing. Issues which are of significance to public economic interests, such as cartel, vertical restraint of competition, don't play a central role in the Fair Trade Commission's enforcement schedules. The current situation of enforcement shall be revised to improve the regulatory effects. This two-year research project tries to expose the regulatory problems now embedded in Fair Trade Commission’s enforcement. Basing on the ideas of ideal cooperation among administrative, civil and criminal enforcements, it aims to explore the characteristics of each enforcement means, especially how to encourage private enterprises to act as “private attorneys” in order to share the enforcement responsibilities of the Fair Trade Commission. Besides, the theory of “Enforcement Pyramids” which tries to establish a hierarchic enforcement, the civil penalty which shall be counted in relation to offenders' gross revenues, the enhancement of the investigatory power of Fair Trade Commission, and the quasi-judicial power which is now not owned by the Fair Trade Commission will all be treated in this research project. Finally, the leniency policy, which is now very popular in many industrial states, will be also analyzed.公平交&#63968法公平交&#63968委員會民事責任先&#64008政後司法&#64008政委員會準司法機關損害賠償寬宥政策調查權罰鍰Administrative CommissionCivil LiabilityCivil PenaltyDamageFair Trade ActFair Trade CommissionInvestigatory PowerLeniencyQusai-Judicial Agency公平交易法執行（Enforcement）機制強化之研究