Decisions of Administrative or Quasi-judical Agencies - 2001

1. Complaint against He Hsin Technology Company, Ltd. for improper registration of "Manulife," another party's well-known business symbol, as a domain name in violation of Article 24 of the Fair Trade Law 10/01/02
2. Chi Tiao Lung Restaurant violated Article 21 of the Fair Trade Law for making flase representations on magazine advertisements 10/01/02
3. Mighty Ambition Co., Ltd., despite knowing that the "Pikachu" series of designer figurines were commonly known to consumers, unauthorizedly manufactured and imported counterfeit products in violation of Article 24 of the Fair Trade Law 10/01/02
4. Medical Designs, Inc. deducted "processing fees" from refunds for returned goods upon rescission or termination of participant contracts, in violation of the Fair Trade Law 10/01/02
5. Taipei Seafood Distribution Corp. alleged to have colluded with illegal seafood product distribution groups in disrupting the trading order of wholesale seafood auction markets in violation of the Fair Trade Law 10/01/02
6. Chunghwa Telecom Co., Ltd.'s Premium Rate Service Program Fee Contract alleged to violate the Fair Trade Law 10/01/02
7. Man Tien Hsia Advertising Corp. alleged to have violated the Fair Trade Law in its real estate sales transactions 10/01/02
8. Sung Enterprise Inc. (an American firm) violated the Fair Trade Law for wrongfully sending out warning letters through an attorney to the complainant's customers
9. Ex-officio investigation to determine whether Mr. Ou-Yang Ling-tu (operating under the Chi Feng Trading Company) violated the Free Trade Law by hoarding rice wine
10. Complaint alleging that high sales allowances and sales returns on the income statements of four pharmaceuticals firms (Yung Shin Pharm. IND. Co., Ltd., Sintong Chemical Industrial Co., Ltd., Standard Chem. and Pharm. Co., Ltd., and U-Liang Pharmaceutical Co., Ltd.) in FY1998 and FY1999 indicated that the companies had violated the Fair Trade Law
11. Carrefour Taiwan JV violated the Fair Trade Law for exploiting its advantageous market position to collect improper additional fees from a supplier
12. Hi-Life International Co., Ltd. violated the Fair Trade Law for exploiting its advantageous market position to collect improper additional fees from a supplier
13. Niko Mart violated the Fair Trade Law for exploiting its advantageous market position to collect improper additional fees from a supplier
14. Wellcome Taiwan Company Ltd. violated the Fair Trade Law for using its advantageous market position to collect improper additional fees from a supplier
15. Complaint alleging that Golden Communications (Taiwan) Co., Ltd. charged unreasonable trading prices for films to non-chain rental operators, which had constituted improper restriction of the activities of trading counterpart enterprises in violation of the Fair Trade Law
16. Hsiluo Agricultural Products Market Co., Ltd. was complained for unfairly collecting wholesale market management fees in violation of the Fair Trade Law
17. Complaint alleging that All Chinese Co., Ltd.'s classified job ads in newspapers and magazines violated the Fair Trade Law
18. Yahoo Taiwan Inc. violated the Fair Trade Law by plagiarizing content on the "New Websites" section of Yam Digital Technology Co., Ltd.'s Website
19. Real Media Technology Co., Ltd. was complained for using Sony Computer Entertainment's well-known Trademark "Playstation" as a domain name in violation of the Fair Trade Law
20. Axistar Trading Co., Ltd. was complained for advertisement use of the "MONTBLANC" and "white star" marks throughout its commercial activities in violation of Article 24 of the Fair Trade Law
21. Violation of the Fair Trade Law by Promail Worldwide Ltd. through engaging in multi-level sales in which participants' income was primarily derived from recruiting others to participate, rather than through promotion or sales of goods or services at a reasonable market price
22. Violation of the Fair Trade Law by Ewa Culture Enterprise Co., Ltd. through engaging in multi-level sales in which participants' income was primarily derived from recruiting others to participate, rather than through promotion or sales of goods or services at a reasonable market price
23. To Yung Electrical Corp. and Tiao Wang International Co., Ltd. were complained for false advertising in violation of the Fair Trade Law
24. Improper promotional methods used by Chun Hsiang International Cosmetology Ltd., Co. in violation of Article 24 of the Fair Trade Law
25. Kouben Pharmaceutical Ind. Co., Ltd. was complained for counterfeiting another's symbol in violation of Fair Trade Law Article 20(1)(i)
26. Counterfeiting of others' symbols (trade dress) by Ta Chia Dairy Co., Ltd. in violation of Article 24 of the Fair Trade Law
27. The Chiayi City Trade Association of Eyewear and Timepiece Dealers demanded that all local eyewear dealers cooperate in a price cartel, in violation of the Fair Trade Law
28. Shun Sheng Construction Co., Ltd. and 20 other enterprises boycott Taipei Water Department and the construction tender of its construction corps in violation of the Fair Trade Law
29. Hon Yang Construction & Land Development Co., Ltd., Full-Yuan Development Enterprise Co., Ltd., and Wei Ku Enterprise Co. Ltd. in Taiwan Sugar Corporation's open tender for the T'ung Hsin Chia Yuan joint housing construction project at its Huwei plant location in violation of the Fair Trade Law
30. The US Integrated Circuit Systems, Inc. allegedly published an advertisement in DigiTimes that damaged the business reputation of another in violation of the Fair Trade Law
31. Complaint alleging Chinese Petroleum Corp. had improperly raised the price for fuel oil in violation of the Fair Trade Law
32. Taiwan Tanabe Food Co. allegedly used another person's well-known symbols commonly known to relevant enterprises and consumers as its company name in violation of Articles 20 and 24 of the Fair Trade Law
33. Tuntex Distinct Corp. allegedly violated the Fair Trade Law by false advertisment of the "Tuntex Shanhaikuan" condominium construction project and failure to inform homebuyers of design alterations
34. United Highway Bus Corp. made false and misleading presentations in an advertisement with respect to discount ticket prices in violation of Article 21 of the Fair Trade Law
35. A complaint alleging that the trade dress of the canned abalone products sold by Monteal Co., Ltd. and Pao Chin Wang Enterprises Co., Ltd. imitated that of the "Che Lun Brand" canned abalone product, which is likely to impact the trading order and is an obviously unfair competition
36. The Hualien County Office of the Ministry of Justice Investigation Bureau requested an investigation into violations of the Fair Trade Law by companies bidding for public works projects being undertaken by Fenglin Chen (Township)
37. Hao Sheng Handicraft Shop was complained for alleged violation of the Fair Trade Law by charging for materials under the pretext of hiring part-timers working from home
38. The National Institute for Compilation and Translation allegedly placed improper restrictions on the qualifications for printers of elementary school textbooks, in violation of the Fair Trade Law
39. The Hualien County Liquid Fuel Trade Association was complained for alleged violation of the Fair Trade Law by uniformly fixing the unit retail price of natural gas cylinders among Hualien gas vendors
40. The Fair Trade Commission investigated, ex officio, on the case that the Lubricants Division of Chinese Petroleum Corp. and its national association of lubricants distributors coordinated actions to designate a "primary bidder" in tendering bids for the procurement of lubricants by government agencies or state-owned enterprises
41. San Fung Inc. failed to report to the Fair Trade Commission for recordation 30 days prior to commencing its multi-level sales activities, in violation of the Fair Trade Law
42. Multi-level sales organization Shining Minoca Co., Ltd. failed to report to the Fair Trade Commission for recordation when changing the content of its registered information, in violation of the Fair Trade Law
43. Formosa Plastics Gas Station Corp.'s use of "Formosa Plastics" as a specific part of the name under which it operated gas stations and related services constituted an obviously unfair act sufficient to adversely affect the trading order
44. Yulon Motor Co., Ltd. allegedly ran advertisements for sales of the SENTRA 180 model car in violation of Articles 21 and 24 of the Fair Trade Law
45. BJICTI Corporation published false and misleading advertisements in violation of the Fair Trade Law
46. United Daily News Co., Ltd. was alleged in violating the Fair Trade Law for the content of its standardized distribution agreement and for its termination of the distribution agreement
47. Comwave International Ltd. alleged to have violated the Fair Trade Law by improperly issuing warning letters regarding copyright infringements
48. Inquiry regarding the handling of vegetable price fluctuations in the aftermath of typhoons, torrent, and other natural disasters, and the impact of Typhoon Toraji on the supply and demand for vegetables in Chinese Taipei
49. American company cnYES.com, Inc. was accused of plagiarizing the news content of the Commercial Times and the China Times Express and reproducing the content on its website in violation of Article 24 of the Fair Trade Law
50. Life Insurance Company of Georgia (Taiwan Branch) was complained for increasing insurance premiums in violation of the Fair Trade Law
51. China Airlines, Eva Airways, and Vietnam-based Vietnam Airlines and Pacific Airlines were alleged of acting in concert to raise passenger airfares on Chinese Taipei-Vietnam routes in violation of Fair Trade Law
52. Primary furniture exhibitors at the Taipei World Trade Center and the furniture industry associations of Kaohsiung City and County interfered with and restrained furniture-selling methods of individual enterprises by organizational manipulation and impaired market competition in violation of prohibition against concerted action in Article 14 of the Fair Trade Law
53. A complaint alleged that the CD product patent licensing practices in Chinese Taipei by Koninklijke Philips Electronics, N.V. (the Netherlands), Sony Corporation (Japan), and Taiyo-Yuden Co., Ltd. (Japan) were in violation of the Fair Trade Law
54. The Tainan City Government put improper restriction on the qualifications for bidding firms in tender for the public-own private-operate No. 11 public underground parking lot
55. Taiwan Sunisland Int. Co., Ltd., when selling foreign resort membership cards, exploited its trading dominance, and engaged in deceptive and obviously unfair acts that affected the trading order
56. Golden Fitness Co., Ltd. allegedly violated Article 21 of the Fair Trade Law by falsely claiming in advertisements that it has "tanning booth" facilities
57. Shih Yun Tsun Ke Chi Sheng Huo Kuan Co., Ltd. engaged in multi-level sales in violation of the Fair Trade Law
58. Taiwan High Court requests the Fair Trade Commission to determine whether Ko Teng-tang was involved in business defamation in violation of Article 22 of the Fair Trade Law
59. Importation and sale of counterfeit Pikachu toy products by Hui Ching Trading Co., Ltd. in violation of the Fair Trade Law
60. New Health International Inc.'s multi-level sales practices violated the provisions of the Supervisory Regulations Governing Multi-level Sales
61. Tso Chieh Parking Garage Co., Ltd. created the illusion of competition in the bidding of the No. 11 Underground Public Parking Garage in Tainan City for private operation
62. Nine upstream gravel companies along the Chuoshui River in Nantou County accused of violating the Fair Trade Law through concerted action in raising gravel prices
63. The packaging of Jin Syn Supre 2T motor oil sold by Hsin Ho Cheng Enterprise Co., Ltd. was copied from the packaging of other products, in violation of Article 24 of the Fair Trade Law
64. Shun Hsin Home Appliance Co., Ltd. falsely promoted products under the disguise of being a gas company, and used gas safety inspections as a pretext to impair the public's right to freely choose whether to trade with it (purchase products from it), in violation of the Fair Trade Law's prohibition against deceptive acts sufficient to affect the trading order
65. Power Mesh International Co., Ltd.'s multi-level sales practices violated the Fair Trade Law
66. Sino Network Co., Ltd. violated Article 21 of the Fair Trade Law by falsely claiming "Sino Network is Now the Fourth Largest ISP Nationwide" and a provider of "Global Internet Telephone Services" in one of its advertisements
67. The selling of the building "River of Hope" by Hung Chu Construction Co., Ltd. was alleged to involve false advertising in violation of the Fair Trade Law
68. Yung Cheng Ltd. alleged to have borrowed bidding qualification documents from others when participating in bidding for a prosthetic kidney procurement contract of Provincial Chiayi Hospital, in violation of the Fair Trade Law
69. Yi Fu International's conduct of multi-level marketing business in violation of the Fair Trade Law
70. Shang Mei Construction Co., Ltd. published false advertisements in violation of the Fair Trade Law
71. Life Information Services Co., Ltd. made false and misleading presentations in a flier with respect to the substance of its services
72. The Motion Picture Association of Taipei allegedly violated Article 10 of the Fair Trade Law by improperly fixing prices under Article 28 of the Enforcement Rules of the Motion Pictures Act
73. Pacific Construction Co., Ltd. required prospective buyers for their pre-sold units in the housing project to first pay deposits before a copy of the purchase agreement would be provided for their review. This constitutes a patently unfair practice sufficient to affect trading order, which had violated Article 24 of the Fair Trade Law
74. Foundation Technology Co., Ltd. committed an obviously unfair act by engaging in false advertising sufficient to affect trading order in violation of the Fair Trade Law
75. Alleged manipulation and monopolization of the corn market in violation of the Fair Trade Law regarding a marked rise in corn prices prior to the Lunar New Year
76. Bank SinoPac's incorporation of a clause into its housing loan contracts requiring borrowers to waive their rights to the possession of a duplicated copy of the contract, which had disrupted the trading order and violated Article 24 of the Fair Trade Law
77. Yang Ming Shan Cable TV Co., Ltd. and New Cable Broadcasting System Co., Ltd. failed to apply to the Fair Trade Commission for merger approval when Yang Ming Shan Cable acquired subscribers from New Cable
78. The Taiwan Paper Industry Association alleged that clauses providing for stock out penalties in procurement contracts drafted by the Ministry of National Defense Welfare Department and PXstore Ltd. violate the Fair Trade Law
79. Hsueh Yang-lun and Lai Mei-lun, members of US-based Herbalife Taiwan, violated Articles 19 and 20(1) of the Supervisory Regulations Governing Multi-level Sales
80. Chu Hsiang International Ltd. Co. claimed in a commercial regarding the "Tai Mung Fung Magnetic Energy Feeling Massager Bra" run on cable TV that the product increased actual breast size in violation of the Fair Trade Law
81. Witen International Co., Ltd. engaged in false advertising in violation of the Fair Trade Law
82. Li Yen Medical Instruments and Hung Chien Co. allegedly engaged in improper sales (marketing) practices in violation of the Fair Trade Law
83. Companies participating in bidding for road-widening project in Kuangping Li and Kuanghua Li, Hsihu Town, Changhua County used licenses and other documentation from other companies to inflate the number of bidders for the project in violation of the Fair Trade Law
84. Taipei County Footwear Manufacturers Association and the Tainan Leather Goods Manufacturers Association improperly deprived member enterprises of the right to participate in footwear exhibitions organized by the two associations, thus violating the Fair Trade Law (The decision has been revoked)
85. San Chiang Construction, Hsin Chi Construction and others allegedly violated the Fair Trade Law by manipulating the bidding for a construction project in Lin Nei Hsiang, Yunlin County through the lending and borrowing of construction licenses
86. ADDA Corporation disseminates false information on its web site homepage in violation of Article 24 of the Fair Trade Law
87. Twenty-seven cylindered Liquefied Petroleum Gas (LPG) distributors in southern Taiwan engaging in concerted action to raise fees for delivery and filling services and to raise the price of cylindered LPG in violation of the Fair Trade Law
88. A complaint by Kingtown Industrial Co., Ltd. that eight of its distributors used inappropriate means to block trading of its "Kingtown Rice" product in violation of Article 19(1) of the Fair Trade Law
89. Application for approval of merger by shares transfer filed by Cathay Life Insurance Corp., Ltd. pursuant to Article 11 of the Fair Trade Law and Article 3 of the Regulations Governing the Review of Financial Holding Company Merger Applications 10/01/02
90. Eastern Multimedia Co., Ltd. applied for approval of a plan to merge with 12 cable television providers (Yang Ming Shan Cable TV, King's Channel CATV, New Taipei Cable TV, Tah An Wen Shan Cable TV, United Cable Television, New Tang-Cheng CATV, Shin Chu Chen Tao Cable Television, Feng Meng Cable Te levision, New Channel Cable TV, Nan Tien Cable Television, Kuan Sheng Cable Television, and Ping Nan Cable Television)
91. Fubon Insurance Co., Ltd.'s establishing Fubon Financial Holding Co., Ltd. by share conversion and, therefore, applying for approval of merger of enterprises in accordance with Article 11 of the Fair Trade Law and Article 3 of the Financial Holding Company Combination Review Regulations

92. Sony Taiwan Limited and Sony Taiwan Industries Co., Ltd. applied for merger approval
93. Imperial Chemical Industries PLC, Ineos Acrylics Holding Limited and Imperial Chemical Industries Alpha B.V. applied for merger approval
94. Safeway Gas Co., Ltd. applied for approval to merge with Ming-Xing Enterprises Co., Ltd.
95. Application by Twinhead International Corp. for approval to merge with Uniwill Computer Corp.
96. ChinaTrust Commercial Bank Co., Ltd. applied for approval to combine with Chailease Credit Services Co., Ltd. under Articles 6(1)(ii) and 11(1)(iii) of the Fair Trade Law by acquiring 99.97% of the total voting shares of Chailease Credit Services Co., Ltd.
97. Cayman Islands-incorporated Estar Cable Ltd. applied for approval to combine with 10 domestic enterprises operating cable systems - Prosperity Catv Corp., Everlasting Cable TV Co., Ltd., Li-Guan Cable TV Co., Ltd., Wonderful Cable TV Co., Ltd., Gaho Cable TV Co., Ltd., New Visual Wave Cable TV, Inc., Telefirst Cable Co., Ltd., Sun Crown Cable TV Co., Ltd., Chin Lian Incorporated Ltd., Gang Du Cable TV Co., Ltd.
98. Nanlien International Corp. applied for approval to combine with eight other enterprises, including Tong Hui Co., Ltd., Tong Hsiang Co. Ltd., Tong Chin International Ltd., Tong Kuan Egg Products Corp., Ming Tong Enterprises Corp., Tung Ting Foods Co. Ltd., Tung Chu Enterprises Corp. and Union Chinese Corp.
99. President Chain Store Corp. applied for approval to combine with Mech-President Corp., President Information Corp., President Musashino Corp. and President Direct Marketing Corp.
100. Tyco International Ltd. planned to conduct an offshore merger with CIT Group, Inc., by which Tyco would obtain indirect control of CIT Group's Chinese Taipei subsidiary, and therefore applied to the Fair Trade Commission for approval of merger
101. Application by the Hualie n County Gravel Company, who was formed by gravel businesses in the Hualien River quarry area, for exemption approval of their concerted action in the form of joint gravel excavation
102. Application for approval of merger under Article 11 of the Fair Trade Law for the acquisition of the Life Insurance Company of Georgia (Taiwan Branch) by Aetna Life Insurance Company of America (Taiwan Branch)
103. Yahoo! International Branch Holdings Inc. Taiwan Branch and Yahoo! Taiwan Inc. (Kimo.com) applied for approval to combine under Article 11 of the Fair Trade Law
104. Pacific Cellular Corporation applies for approval to combine with TransAsia Telecommunications Inc. and T&M Investment Co., Ltd. under Article 11 of the Fair Trade Law
105. Isenbourg SGPS, LDA, RT-MART International Ltd. and TRANS ASIA Development Corporation applied for merger approval
106. President Chain Store Corporation applies for approval of merger with Books. Com Co., Ltd. under Article 11 of the Fair Trade Law on the grounds that President Chain Store Corporation will hold 50.025% of the total shares of Books.Com Co., Ltd. after the latter increases the amount of its capital
107. Unilever Taiwan Ltd. and CPC/AJI (Taiwan) Ltd. applied to the Fair Trade Commission for approval of merger because they frequently conducted joint business operations
108. Taiwan Tele-Shop Co., Ltd. applied for approval to combine with 215 enterprises, including Cheng Hsin Communications
109. Lite-On Technology Corp. applied for a prop osed merger with Lite-On Communications Corp.
110. Taiwan High Court requests the Fair Trade Commission to determine whether Ko Teng-tang was involved in business defamation in violation of Article 22 of the Fair Trade Law
111. The Taiwan Panchiao District Court requested for a determination of whether the external appearance of the "Hello Kitty" styling and changeable doll products are "symbols" as referred to in Article 20 of the Fair Trade Law; whether the styling of the "Hat Family Baby Bear" product is identical or similar; and whether manufacture, importation, and sale of those products falls under Article 24 of the same law 06/24/02
112. Measures in anticipation of complete liberalization of the petroleum products market 06/24/02
     

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