Fair Trade Law Q&A - Improper offerings of gifts or prizes| What restrictions does the Fair Trade Act impose on improper gift or prize promotions conducted by businesses? |
Pursuant to Article 23 of the Fair Trade Act, no enterprise shall compete for trading opportunities by means of improper offerings of gifts or prizes. In addition, pursuant to Article 42 of the Fair Trade Act, where an enterprise violates Article 23, the Fair Trade Commission may order the enterprise, within a specified period, to cease or rectify the unlawful conduct or to take any necessary corrective measures. The Commission may also impose an administrative fine ranging from NT$50,000 to NT$25 million. If the enterprise fails to comply with the order within the prescribed period, the Commission may continue to issue orders requiring cessation, rectification, or corrective measures and may impose successive administrative fines ranging from NT$100,000 to NT$50 million for each instance of non-compliance until the violation is remedied.Relevant Provisions: Articles 23 and 42 of the Fair Trade Act