The Ministry of Education inquires in writing whether holding an education material seminar for schoolteachers selecting Official Textbooks violates the Fair Trade Law

Chinese Taipei

Case:

Key Words:

textbook, grade 1-9, ministry of education, seminar

Reference:

Fair Trade Commission Decision of November 17, 2005 (the 732nd Commissioners' Meeting)

Industry:

Government Agencies (9811)

Relevant Laws:

Article 24 of the Fair Trade Law

Summary:

1. Whereas the Ministry of Education has reinstated the compilation of official textbooks for elementary and junior high school education since SY2005; and HAN LIN PUBLISHING CO., LTD. won the bid for the printing and publishing rights. Therefore, in order to implement the Grade 1-9 Curriculum Guidelines and complete the research and development of the official textbooks, the said Ministry plans on holding education material teaching method seminars for schoolteachers that use official textbooks. These seminars are offered to enhance schoolteachers’ professional knowledge and teaching ability.? However, if the expenses for the aforesaid seminars were covered by the budget of the said Ministry or National Academy for Educational Research Preparatory Office (official textbooks are compiled by this office), would it cause unfair competition to the bookstores that compile textbooks; or would there be any intentional benefits for HAN LIN PUBLISHING CO., LTD.? The Ministry of Education thereby inquires the Fair Trade Commission (“FTC”) for such a matter in letter.
2. Textbook Market Overview:
   • Textbooks for elementary and junior high school education were solely published by the National Institute for Compilation and Translation under the Ministry of Education in the beginning; therefore, they are called the “official textbooks.” Since 1996, textbooks have been gradually opened to versions compiled and published by private publishers. Since these textbooks have to be reviewed and approved by the Ministry of Education, these textbooks are called the “reviewed and approved textbooks” or the “privately compiled textbooks.”? Upon the launch of the Grade 1-9 Curriculum of Elementary and Junior High School Education, the textbooks for elementary school education continued to be opened to the reviewed and approved education materials. Additionally, since SY 2002, the textbooks for junior high school education have also been opened to the reviewed and approved textbooks.? From then on, the textbooks for our elementary and junior high school education have been fully opened to the reviewed and approved.
   • While the education materials become diverse upon the textbook liberalization, the original intention of improving the education quality through proper competition turned out to be a cause of concerns of parents and people from all circles. Such concerns include trepidation for basic academic attainment testing, omission of textbook content, overpriced textbooks and reference books, connection between educations, improper textbook selection, and so on.? As a result, the Ministry of Education has reinstated the compilation and publishing of the official textbooks for elementary and junior high school education since SY 2005. The said Ministry will compile the textbooks regarding “Mathematics” and “Science & Technology” which require logic and coherence. A system of both official textbooks and the reviewed and approved textbooks will be tested first.
3. Resolutions:
   • Whether using the budget of the Ministry of Education or the National Academy for Educational Research Preparatory Office to cover the education material teaching method seminarswould cause unfair competition to the businesses that publish reviewed and approved textbooks:

Although competing with the reviewed and approved textbooks after SY2005, official textbooks are different from the reviewed and approved textbooks due to the consideration of educational policies.?? Also, the textbook market has different characteristics from other general markets.? If complying with relevant laws and regulations, the Ministry of Education’s use of official budget to pay for seminars held for schoolteachers that choose the official textbooks is simply to execute its duty upon the requirement of education practice. However, the said Ministry shall still comply with the FTC’s “Guidelines on Selling Textbooks of Elementary and Junior High School Education,” so that it will not violate the Fair Trade Law. It is found that the reason why the Ministry of Education plans on holding the aforesaid seminars is that the contents of the official textbooks of Science & Technology for junior high school education are quite different from that of the reviewed and approved textbooks. Therefore, in order to improve the teaching quality, the Ministry of Education plans on using the national budget to arrange the aforesaid seminars. Such an act is based upon a good cause for education. Furthermore, the said Ministry only plans on holding the seminars for schools that choose to use the official textbooks. Also, from the expense lists provided by the Ministry of Education, no improper gifts of cash, items or other economic interests will be used at the seminars to contest for schools to choose the official textbooks.? Based upon the available evidence, the Ministry of Education’s plan to use the national budget to hold the said seminars is not in violation of the Fair Trade Law.

• Whether the Ministry of Education’s plan to hold education material teaching method seminars would bring improper benefits for HAN LIN PUBLISHING CO., LTD.:
  The above-reference matter is not within the jurisdiction of the FTC.

Summarized By Lin, Chia-Hua;
Supervised By Wu, Pi-Ju

Appendix: Nil