7 What is the meaning of “inducement or profit” referred to in Article 20(iii) of the Fair Trade Act?
Article 20 of this Act provides that "no enterprise shall engage in any of the following acts that is likely to restrain competition." Among the acts listed is "preventing competitors from participating or engaging in competition by inducement with low price, or other improper means (Article 20(iii))."
The term "inducement with low price" as stated in Article 20(iii) of this Act refers to the offering of the prices below costs or obviously inappropriate so as to hinder competition or prevent competitors from participating in the market. In determining whether the low price inducement mentioned in the preceding paragraph is likely to restrain competition, the totality of such factors as the intent, purposes, and market position of the parties, the structure of the market to which they belong, the characteristics of the goods or services, and the impact that carrying out such restrictions would have on market competition shall be considered.
Relevant article(s) of law: Fair Trade Act, Article 20; Enforcement Rules of Fair Trade Act, Article 27
Updated at：2016-02-22 14:54:19