Fair Trade Law Q&A - Concerted Actions

	The "actors" in a concerted action refer to competing enterprises that actually engage in conduct restraining each other's business activities. Against this backdrop, is it appropriate for Article 14, Paragraph 4 of the Fair Trade Act and Article 5 of the Enforcement Rules of the Fair Trade Act to provide that trade associations or other organizations may themselves constitute parties to concerted actions, and that their representatives may likewise be treated as actors in such conduct?
	What penalties apply to enterprises that engage in concerted actions in violation of the Fair Trade Act?
	What are the factors considered by the competent authority in granting an exemption for concerted actions?
	How is "small and medium-sized enterprise" determined for purposes of applying for approval of concerted actions under Article 15, Paragraph 1, Subparagraph 7 of the Fair Trade Act?
	An economic downturn is not entirely the same as a recession for a certain industry. If the overall economic conditions remain strong but a particular industry is experiencing a downturn, may enterprises within that industry apply for approval of concerted actions?
	Which types of concerted actions may be submitted to the Fair Trade Commission for approval?
	Is it in compliance with the provisions set for the in the Fair Trade Act when a trade association establishes a prices or fee schedules for referential purposes?
	Do uniform pricing standards established by a trade association solely for reference purposes still constitute "concerted actions"?
	Does a trade association violate the Fair Trade Act by establishing uniform fee standards pursuant to statutory authorization?
	In an oligopolistic market, smaller firms frequently align their pricing with that of larger firms. Absent any agreement or coordination among competitors regarding pricing, would such conduct nevertheless constitute a concerted action?
	In determining whether concerted conduct violates the Fair Trade Act, does it matter if the participating enterprises hold relatively small market shares?
	What is a "concerted action"?
	How can a violation of the Fair Trade Act be established in the absence of direct evidence of concerted action?
	How can enterprises prevent and avoid involvement in cross-border concerted actions?