Fair Trade Law Q&A - Concerted Actions

Pursuant to Article 40 of the Fair Trade Act, where an enterprise violates the provisions of the Act governing concerted actions, the Fair Trade Commission may order the enterprise, within a specified period, to cease the unlawful conduct, rectify the violation, or adopt any necessary corrective measures. The Commission may also impose an administrative fine ranging from NT$100,000 to NT$50 million. If the enterprise fails to cease or rectify the conduct, or fails to implement the required corrective measures within the prescribed period, the Commission may continue to issue compliance orders requiring cessation, rectification, or corrective measures within successive prescribed periods, and may impose repeated administrative fines ranging from NT$200,000 to NT$100 million for each instance of non-compliance until compliance is achieved.

In addition, pursuant to Article 34 of the Fair Trade Act, where an enterprise fails to comply with an order issued under the Act requiring to cease the unlawful conduct, rectify the violation, or adopt any necessary corrective measures within the prescribed period, or subsequently recommences the same unlawful conduct after having ceased such conduct, the responsible person may be sentenced to imprisonment for up to three years, criminal detention, and/or a criminal fine of up to NT$100 million.

Relevant Provisions: Articles 34 and 40 of the Fair Trade Act