China Times' engagement in giveaway promotional activities which could adversely affect trading order
Chinese Taipei
Case:
China Times' engagement in giveaway promotional activities which could adversely affect trading order
Key Words:
deceptive or patently unfair, giveaways
Reference:
Fair Trade Commission Decision of June 19, 1996 (the 244th Commission Meetings); Disposition (85) Kung Ch'u Tzu No. 113
Industry:
News publishing industry (8020)
Relevant Laws:
Article 24 of the Fair Trade Law
Summary:
1. The sanctioned party held a promotional activity named "A Prosperous August for Subscribers to China Times" where gifts were given away along with subscriptions to the said newspaper. The advertisement for the activity said the closing day would be 31 August 1995, but the result of investigation revealed that the sanctioned party afterwards unilaterally decided to prolong the period of the activity until 30 September 1995. As the number of gifts in question did not increase, the chance of winning a prize on the part of those who had participated in the activity prior to the deadline thus dropped by 14 percentage points. Such a unilateral act violated both business ethics and the principle of good faith and was tantamount to improper oppression of trading counterparts with unfair trading conditions, which also hindered trading order in the market. Therefore, the sanctioned party's act was found to be a patently unfair one that could adversely affect trading order.
2. To sum up, the sanctioned party's act was in violation of the provisions of Article 24, which state that except as otherwise provided for in this Law, no enterprise shall engage in any deceptive or patently unfair acts that will adversely affect trading order, and sanctions were thus imposed on the sanctioned party.
Summarized by Cheng, Chia-lin
Supervised by Lin, You-ching
Appendix:
China Times' Uniform Invoice No. 03798509
＊＊: For information of translation, click here
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