An Initial Study on the Feasibility of Using Price Changes to Screen for Cartels
1. Background of Study 
  Competition authorities are  finding it increasingly difficult to adopt regular administrative investigation  procedures to obtain direct proof of mutual understanding behind concerted  actions (cartel practices). Besides resorting to economic analysis to establish  circumstantial evidence, the leniency policy has been adopted to provide the  incentive to encourage cartel members to turn against the organization and  cooperate with the competition authority to reduce the difficulty in gathering  evidence of cartel practices. 
  In This study the theories and  literature associated with screening of cartels, methods of cartel detection,  the regulations in the Fair Trade Law against concerted actions, and the  precedents of concerted actions in relation to daily commodities in recent  years are examined to assess the regulatory measures taken by the Fair Trade  Commission (FTC) in cartel cases. 
2. Methods and Process of Study
  Initially, theories and literature  associated with screening of cartels are discussed and methods of cartel  detection are introduced so that the focuses of structural methods and  behavioral methods can be understood. 
  Next, the regulations against  concerted actions set forth in the Fair Trade Law are analyzed. A description  of the preventive surveillance mechanism adopted by the FTC in control of  monopolistic practices involving daily commodities is provided, and cases  concerning concerted actions in relation to daily commodities that the FTC has  processed are also presented. 
  Lastly, according to the theories  on screening for cartels and methods of detection of cartels, conclusions with  regard to the approaches the FTC may apply in the future to detect in advance  and prevent hardcore cartels from exercising monopolistic practices with regard  to daily commodities are established.
   
  3. Principal Suggestions 
  This study indicates that the  investigations by the FTC in cases involving manipulation of daily commodity  prices have been conducted mainly in accordance with concerted action  regulations and some of these investigations have been initiated by the FTC  after reading media reports on overpricing of certain products or receiving  complaints about price increases. Based on the findings of this study, the  following suggestions are proposed:
  (1) Keeping a close watch on daily commodity  markets
  When there are abnormal fluctuations of market prices and concerted  actions or other illegal practices cannot be ruled out, the FTC should  intervene and investigate and impose severe sanctions when evidence of illegal  activities is found. This can deter businesses intending to engage in illegal  acts and indirectly help stabilize commodity prices. Therefore, the FTC should  fully understand and regularly check the market structure of important daily  commodities and price changes. The concrete measures to be taken include: 1) pay  attention to reports on the reactions of the public to commodity prices, screen  out developments where violations of the Fair Trade Law are suspected, and  initiate efforts to understand or investigate such developments. Meanwhile, establish  a variety of channels (writing, email, telephone, and fax) for private citizens  and businesses to file complaints regarding violations of the Fair Trade Law  and collect evidence extensively; 2) in response to daily commodity cases  forwarded by related agencies and county/city governments, act in accordance  with the regulations in the Fair Trade Law and activate investigations to find  out whether concerted actions are involved, or if there is abnormal hoarding or  refusal of transaction and sales at abnormal prices, and present the  investigation results to be reviewed in commissioners’ meetings; and 3) continue  to educate businesses on the regulations in the Fair Trade Law at various  occasions and through different channels, and enhance competition advocacy work  to maintain competition in every market.
  (2) Keeping in mind the difference between  the price fluctuations of agricultural and livestock products and that of other  commodities when making observations
  Agricultural and livestock  products are different from the products of other industries. Since the supply  and demand of agricultural and livestock products lack flexibility, drastic  price fluctuations are likely to be triggered when changes occur to the supply  and demand conditions in the market. The prices of agricultural and livestock  products are not subject to government regulation. They are determined by  market mechanisms. Hence, after natural disasters such as typhoons, the  resulted decrease of supply and increase of prices are an inevitable process of  market adjustment. In particular, there are a large number of participants on  both the supply and demand sides. The market is not concentrated, and  manipulation is relatively unlikely. The function of the FTC here is not to  replace market mechanisms but to ensure normal trading order in the market. On  the other hand, abnormal price fluctuations may suggest violations of the Fair  Trade Law like joint price increases and in-depth investigations are therefore  necessary. As the factors constituting a concerted action are rather  complicated, price increases cannot be used as proof of concerted actions. The  FTC needs collect enough evidence before making the conviction and sanction.  However, through continuous investigations and enforcement of the Fair Trade  Law, potential concerted actions can be deterred and commodity prices can be  stabilized.