3. Paragraph 2 of Article 20 of the Fair Trade Act prohibits enterprises from treating another business discriminatively without justifiable reasons. Does it mean the unit prices of products sold to all trading counterparts must be the same?
Subparagraph 2 of Article 20 of the Fair Trade Act specifies that no enterprises may treat other businesses discriminatively without justifiable reasons. The discriminative practices prohibited do not include dissimilar unit prices of the same products sold to different trading counterparts. The spirit behind the prohibition regulation is that an enterprise with certain market power may not treat different trading counterparts discriminatively without justifiable reasons; otherwise, it is a competition restriction. Hence, not treating any other business discriminatively does not mean an enterprise has to sell it products to different trading counterparts at the same unit prices.
Relevant article(s) of law: Fair Trade Act, Article 20; Enforcement Rules of Fair Trade Act, Article 26
Updated at：2016-02-22 14:43:50