ENFORCEMENT, REMEDIES AND PENALTIES

Mode of operation

29.

Different countries have different ways of controlling anti-competitive behaviour. Which of the following best describes your approach? * we tend to prohibit specified anti-competitive activties * we tend to take administrative action to prevent abuses A: We tend to prohibit specific anti-competitive activities.

Sanctions

30.	In this section we wish to examine the sanctions which are available to the competition agencies and/or courts to deal with contraventions of the law.
30A.	What is the maximum fine chargeable for the various offenses against your competition law?(2005/06/23) A: Maximum fines -- The maximum administrative fine will be imposed for any act in violation of the FTL is NT$25,000,000.(Please refer to Article 41 of FTL.)
30B.	Are any other criminal penalties, including imprisonment, available for offenses against the competition law? Please specify the law and the provision of that law. And what are those penalties? A: Other criminal penalties -- Yes. Article 35, 36 and 37 of FTL. penalties -- They are imprisonment for not more than 2 or 3 years, detention, or in lieu thereof or in addition thereto a fine.
30C.	Does the competition agency have the power to order restitution or payment of damages to affected parties? Please specify the law and the provision of that law. A: Power of competition agency to order restriction or payment of damages -- No.
30D.	Does the legislation provide for orders to be made by government or other bodies to prevent repeat contraventions? Please specify the law and the provision of that law. What form of orders can be made, any by what body? A: Order to prevent repeat contravention -- Yes. Article 41of FTL. form of orders can be made and by what body -- The Fair Trade Commission may continue to give order and, in addition thereof, the said enterprise shall be punished successively by a fine of not exceeding NT$ 1 million until its violating act is discontinued or corrected.
30E.	What other penalties or sanctions are available? A: Other penalties/sanctions -- When an enterprise violates the provision of this Law, the Fair Trade Commission may order the said enterprise to discontinue its act or set a time limit for it to take corrective action.

Private parties

31A.	Do private parties have the right to take action against prohibited activities in the absence of action by the enforcement agency? A: Right of private action -- Yes.
31B.	What damages and remedies are available to private parties? A: Remedies -- 1. Injured party may make petition to eliminate, or prevent infringement. 2. In the case of international act, private parties may claim for triple damage. 3. In the meantime, in the criminal and civil cases, injured party may bring the suit to the court.
31C.	Can private parties seek orders to prevent contravention? Please specify the law and the provision of that law. What form of orders can they seek? A: Orders to prevent contravention -- Yes. Article 30 of FTL. form of orders can be seek -- If an enterprise violate any provision of the FTL and infringe upon another persons's rights or interests, the injured party may petition to eliminate such infringement. If there is a likelihood of infringement, the injured party may petition for prevention thereof.

Foreign complainants

32.	Are there any restrictions or special limitations where the complainant is not domestically based? Please specify the law and the provision of that law. A: Foreign complaint -- Yes. Please see Article 47 of FTL.
33.	Are there any restrictions or special limitations where the complainant is a foreign government? And what are they? A: Foreign government as complaint -- No.

Other aspects

34.	Are there any other aspects of your competition law or enforcement policy which you would like to comment on? If so, what are they? A: Please see Attachment G.