Decisions of Administrative or Quasi-judical Agencies - 2003

1. Multi-level sales enterprise Chao Shih Chi New Generation Technology Co., Ltd. improperly deducted a fee from the refund given to participants for goods returned upon termination of their contract, in violation of Article 23-2(2) of the Fair Trade Law 10/04/04
2. Ta Chong Commercial Bank Co., Ltd. made misleading representations in advertisements for its "Much" cash card, claiming "no processing fees" and "no service charge" 10/04/04
3. Multi-level sales enterprise Chao Shih Chi New Generation Technology Co., Ltd. improperly deducted a fee from the refund given to participants for goods returned upon termination of their contract, in violation of Article 23-2(2) of the Fair Trade Law
4. Ta Chong Commercial Bank Co., Ltd. made misleading representations in advertisements for its "Much" cash card, claiming "no processing fees" and "no service charge"
5. RT Mart International Ltd. was alleged abuse of its superior market position by inappropriate collection of additional fees from suppliers, in violation of the provisions of the Fair Trade Law
6. Da Li Construction Co., Ltd. was complained for failing to provide customers with adequate time to review contracts while selling their "Sin Di Lai Heng No. 60 First-Class Residence" pre-sold housing units, constituting an illegal, obviously unfair practice sufficient to adversely affect the trading order
7. Jih Sun International Bank was complained for failing to disclose the interest rate while signing a loan agreement in violation of the Fair Trade Law
8. The Taiwan Tobacco and Liquor Corporation' s 40-proof cooking rice wine sales promotion was alleged to have violated the Fair Trade Law
9. Formosa Petrochemical Corporation reported that the Council of Agriculture Fisheries Administration's application and approval procedures for bunker fuel subsidies violated the Fair Trade Law
10. The Taichung Poultry Shipping and Marketing Cooperative was accused of violating the Fair Trade Law by sending faxes to downstream enterprises warning them not to supply goods to the Complainant
11. Hualien County Gravel Association colluded with local gangsters in an attempt to control the "quarrying" and "sales" of gravel in the Hualien area, affecting the trading order of market supply and demand in Hualien' s gravel market, in violation of Article 14 of the Fair Trade Law
12. Warning to New Century InfoComm Tech Co., Ltd. for false advertising in newspapers, using false and misleading presentations
13. The International Commercial Bank of China and Promail Inc. allegedly printed false advertisements in their mail order catalogs in violation of Article 21 of the Fair Trade Law
14. CEDCA Taiwan Co., Ltd. allegedly violated Article 21 of the Fair Trade Law by false advertising of the American Culture Camp
15. Yi Fan Jin Enterprise Co., Ltd. was complained for engaging in multi-level sales
16. Liao Wun-jhih violated the provisions of the latter part of Article 41 of the Fair Trade Law
17. Jhong Hua National Telecommunications Ltd., Co.' s unlawful multi-level sales violated the Fair Trade Law
18. Yi Pang Industrial Co., Ltd. restrained distributors from freely deciding resale prices for its Q8 line of oil products
19. Cheng Loong Corporation has on several occasions given advance notice in the media of planned price hikes, giving rise to the question of whether such actions have prompted other firms in the same industry to follow suit with price hikes of their own in violation of the provision of the Fair Trade Law
20. Taiwan Provincial Meat Merchants' Association made a decision to close for five consecutive days following the "Ghost Festival"
21. Complaint asserting that the China Trust Company Limited violated the Fair Trade Law by failing to deliver receipts for a housing loan and collecting mandatory account maintenance fees as well as life and accident insurance fees
22. China Mariner's Assurance Corp. and Fubon Insurance Co., Ltd. were accused of tie-in sales and concerted action when underwriting automobile theft insurance, in violation of the Fair Trade Law
23. An investigation initiated by the Fair Trade Commission into suspected concerted action by air cargo transport enterprises in hiking rates for shipping air cargo to the United States, in violation of the Fair Trade Law
24. Decision on whether the sales promotion practice, "a handset paired with a number", by mobile telecommunications providers is in violation of the Fair Trade Law
25. Complaint against Jhan Wang Construction Co., Ltd. for failing to provide prospective clients with ample time to review contracts for pre-sale housing units in its "Sin Di Lai Heng No. 58 Shih-Da Jyu" and "Sin Di Lai Heng No. 59 Jin Zuan Sin Di" housing developments, which was an obviously unfair conduct that is able to affect the trading order
26. Wang Gong-Tian, aka Easy Rich Industrial Company, violated the Fair Trade Act by selling goods such as jadeware through a multi-level sales organization in which the participants generated revenue primarily by introducing new participants rather than by generating revenue from the marketing or sale of the goods or services at reasonable market prices
27. Chang Yi Enterprise Co., Ltd. was complained for false advertising in connection with building advertisements for its "Chang Yi Hawaii American Town Houses" in violation of the Fair Trade Act
28. Charleston Co., Ltd. imported and sold "Three-Year Erguo Liquor" and "38-Year Old Special Erguotou", in imitation of the symbols (trade dress) of the "Special Kaoliang Liquor" and "Kinmen 38 Special Kiaoliang Liquor" products of the Kinmen Distillery in violation of the Fair Trade Act
29. Ying Te Wang International Networking Co., Ltd. violated the provisions of Article 7(1) of the Supervisory Regulations Governing Multi-level Sales as provided in Article 23-4 of the Fair Trade Act
30. Cayuan International Ltd. violated the provisions of Article 18 of the Supervisory Regulations Governing Multi-Level Sales as provided in Article 23-4 of the Fair Trade Act
31. Megaful Co., Ltd. falsely made goods advertisement in violation of the Fair Trade Act
32. The Nantou County Gravel Suppliers Association affected market competition mechanisms in the gravel market in central Taiwan by leading the setting of reference sales prices for gravel in the Jhushan area to serve as sales price standards for members in all mining areas, and convened a meeting and resolved to act in concert to drive up members' gravel sales prices by suspending work or deliveries under the guise of complying with environmental protection regulatory measures, in violation of Article 14(1) of the Fair Trade Act
33. Shih Yi Road Machinery Co., Ltd. and nine other enterprises engaged in concerted action to raise the price of street excavation in violation of the Fair Trade Act
34. Complaint against operators of cylinder-filling plants in the northern region for concerted action to monopolize the market for delivery and installation of cylinder-packed liquefied petroleum gas
35. International Commercial Bank of China was complained for providing the foreign exchange services concerning purchasing Deutschmarks and selling Euros in violation of the Fair Trade Law
36. Domestic photo processors allegedly charged higher photo processing fees for consumers that had produced their own digital passport photos, claiming the higher fees were the result of necessary adjustments, editing and production, in violation of the Fair Trade Law
37. Watsons-Park'N Shop Ltd. was complained for requiring suppliers to sign an "electronic supply chain usage contract" and bear the expenses for the usage of the system, in violation of the Fair Trade Law
38. Heng Wei Long Co., Ltd. violated the Fair Trade Law
39. Chin Wang Co., Ltd. was complained in violation of Articles 20, 21, and 24 the Fair Trade Law
40. Kuang Chuan Dairy Co., Ltd. was for publication of an advertisement claiming "Kuang Chuan has been awarded a gold medal for the world's top honors in dairy products three years straight," in violation of the Fair Trade Law
41. American Express Company Taiwan was complained through false advertising for traveler's checks in violation of Article 21 of the Fair Trade law
42. Fu Pang-Hua Chi International Corporation violated Articles 20, 21, and 24 of the Fair Trade Law for imitating the trademark of Fubon Life Insurance Co., Ltd.
43. MasterLink Investment Consulting Co., Ltd. allegedly made public use of names including "MasterLink Group" and "MasterLink Financial Investment Consulting" in violation of the Fair Trade Law
44. Totem Technology Co., Ltd. was complained for improper issuance of patent infringement warning letters and publication of warning notices as a possible violation of the Fair Trade Law
45. Wei Hsing Industrial Ltd., Kang Hsin Industrial Ltd., and Ting Cheng Ltd. were alleged to improperly participate in a bidding held by Po Chia Primary School in Taipei's Wenshan District in violation of the Fair Trade Law
46. Ta An Medical Supplies Company violated the Fair Trade Law by improper price gouging, taking advantage of the emergency situation during the domestic outbreak of SARS (Severe Acute Respiratory Syndrome) and the resulting imbalance of supply and demand
47. Hi-Five Products Developing Co., Ltd. was complained for improper issuance of patent infringement warning letters in possible violation of the Fair Trade Law
48. The Fair Trade Commission initiated in investigation into whether makers of face masks took advantage of the emergency situation during the domestic outbreak of SARS (Severe Acute Respiratory Syndrome) and the resulting imbalance of supply and demand to raise prices inappropriately in violation of the Fair Trade Law
49. An investigation initiated by the Fair Trade Commission and a letter of complaint from the Taiwan Provincial Service Station Association stating that National Petroleum Corporation' s franchise stations in the central region had reduced the retail price on their petroleum products in violation of the provisions of Articles 19(iii) and 24 of the Fair Trade Law, and that there were concerted actions by the three major oil suppliers through adjustment of prices for petroleum products following national liberalization of the market for petroleum products
50. Bridge Cultural & Educational Enterprise, Ltd. violated the Fair Trade Law by restricting distribution regions and holding trading counterparts' distribution contracts in custody
51. Kaohsiung Architects Association violated the Fair Trade Law by setting uniform service charge standards (The decision has been revoked)
52. Taipei Architects Association violated the Fair Trade Law by setting uniform service charge standards (The decision has been revoked)
53. Chunghwa Telecom Corporation and Taiwan Cellular Corporation were complained for abusing their advantageous positions in the mobile telephone market to restrict competition in the international network market
54. Fu Lung Construction Co., Ltd. made false advertising for promoting sales of units in its "Hsin Kai Yue" construction project in violation of the Fair Trade Law
55. Intel Corporation, Intel Microelectronics Asia Ltd., and Intel Semiconductor Ltd. were complained by Via Technologies, Inc. for statements made during interviews and subsequently published in the media in possible violation of the Fair Trade Act
56. An investigation initiated by the Fair Trade Commission into whether Microsoft Taiwan Corporation and related enterprises abused the power of their exclusive market position to monopolize the software market in violation of the Fair Trade Act
57. Establishment of "Hua Tung Ho Ping River Mining Industry Development Co., Ltd." by Shih Hua Quarry and four other sand and gravel enterprises as a basis for applying and obtaining the right to quarry sand and gravel at section one of the Ho Ping River and to engage in concerted action through "joint quarrying of sand and gravel"
58. Nice Beauty.com Corporation was complained for violation of Article 21 of the Fair Trade Act through alleged false statement of product contents on its nicebeauty.com website and product labels
59. Wonderswan Company Limited Taiwan Branch was complained for making false advertising in violation of Article 21 of the Fair Trade Act through the use of the "24 hour" indication on its signboard and membership cards
60. Zheng He Ji International Co., Ltd. violated the Fair Trade Act by selling and promoting pre-arranged funeral service contracts through a multi-level sales platform
61. Filing of merger report by Chinatrust Financial Holding Co., Ltd. in accordance with the provisions of Article 11 of the Fair Trade Law, based on its plan to acquire 100 percent of Grand Commercial Bank shares 07/20/04
62. A case involving the 2003 worldwide betel nut tariff quota import entitlements where successful bidders were accused of violating the Fair Trade Law by monopolizing the importation of betel nut in order to drive up prices 07/20/04
63. Formosa Oilseed Processing Co., Ltd. and 18 other enterprises applied to extend the period that they are permitted to engage in concerted action in jointly chartering cargo ships to import soybeans 07/20/04
64. Hon Hai Precision Industry Co., Ltd. and Ambit Microsystems Corporation applied for merger approval
65. China Motor Corporation took an increased equity stake in Fortune Motors Co., Ltd. (which brought its holdings to 36.32% of the company's voting shares) and filed a merger report with the Fair Trade Commission
66. Teco Electric and Machinery Co., Ltd. and Taian Electric Co., Ltd. applied for merger approval
67. Wellcome Taiwan Company Ltd. reported a merger to the Fair Trade Commission according to the Fair Trade Law concerning its planned acquisition of the supermarket operation assets of Kayo Department Store Co. Ltd.
68. Report of merger filed with the Fair Trade Commission as Taiwan Semiconductor Manufacturing Company Limited acquired 52% of shares of Global Unichip Corporation
69. Administrative Settlement Offer-- Microsoft Taiwan Corporatopn 04/11/03
    

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