1. What organizations and individuals are subject to the regulation of the Fair Trade Act?
- “Enterprises” are subject to the regulation of the Fair Trade Act. As set forth in Paragraph 1 of Article 2 of the Fair Trade Act, “The term “enterprise” as used in this Act refers to any one of the following: 1) a company, 2) a sole proprietorship or partnership and 3) any other person or organization engaging in transactions through the provision of goods or services.” It makes no difference whether an enterprise is a profit-seeking organization or not.
- It is stipulated in Paragraph 2 of Article 2 of the Fair Trade Act that “A trade association organized by businesses, or any other organization lawfully established to promote the interests of its members is deemed as an enterprise as referred to in this Act.” Therefore, besides companies, businesses operated under sole proprietorships or partnerships and individuals or groups engaging in transactions of products or services as stated in Paragraph 1 of the same article, the enterprises referred to in the Fair Trade Act also include trade associations and other organizations lawfully established to promote the interests of their members. Meanwhile, according to Paragraphs 1 and 2 of Article 2 of the Enforcement Rules of the Fair Trade Act, “The term “trade association” in Paragraph 2 of Article 2 of the Act refers to any of the following: Industry associations and chambers of industry organized under the Industrial Association Act; commercial associations, federations of commercial associations, exporter associations, and federations of exporter associations, and chambers of commerce organized under the Commercial Association Act; professional bodies established according to other laws and regulations, such as bar associations, accountant associations, architect associations, doctor associations and technician associations. The other organizations lawfully established to promote the interests of their members described in Paragraph 2 of Article 2 of the Act refer to business organizations, besides those described in the last paragraph, that are established according to the Civil Organizations Act or other relevant laws to enhance their members’ benefits.”
Relevant article(s) of law: Fair Trade Act, Article 2
Updated at：2016-02-22 10:55:18