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FAIR TRADE COMMISSION, EXECUTIVE YUAN,R.O.C.(Taiwan)

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April, 2016 [ Decisions]

April, 2016 [ Decisions]

  1. When recruiting franchisees, Caffebene Taiwan Co., Ltd. did not fully disclose to trading counterparts in writing important franchise information such as the expenses required to purchase materials needed for business operations prior to contract signature. The conduct was in violation of Article 25 of the Fair Trade Act. The FTC imposed an administrative fine of NT$450,000 on the company.
  2. Evergreen International Storage & Transport Corp. and 20 other enterprises jointly decided in July 2014 to resume collection of charges for use of loading equipment from businesses exporting CFS cargo less than 3 tons in weight. The practice intended to restrain each other’s business activities was able to affect the supply-demand function in the container yard service market in violation of the regulation against concerted actions specified in Article 15 (1) of the Fair Trade Act. In addition to ordering the said enterprises to immediately cease the unlawful act, the FTC also imposed on them administrative fines ranging between NT$100,000 and NT$17.25 million, respectively. The fines totaled NT$72.60 million.
  3. When marketing presale homes of the "Cang Mei (transliteration) One" housing project, Cang Zhen (transliteration) Construction Co., Ltd. and Dong Li (transliteration) International Advertising Co., Ltd. did not provide or publicly display photocopies of the building permit for the housing project, base location map, general location sheet, list of shares held by various units and other important presale home transaction information. In addition, the two companies also requested that homebuyers pay a deposit in order to see the contract. The conduct was able to affect trading order and was obviously unfair and in violation of Article 25 of the Fair Trade Act. Therefore, the FTC ordered the two companies to immediately cease the unlawful acts and also imposed on them administrative fines of NT$300,000 and NT$160,000, respectively.
  4. When marketing the presale homes of the "Cathay Fu Du (transliteration)" housing project, Cathay Real Estate Co., Ltd. (hereinafter referred to as Cathay Real Estate) and Pu Xin (transliteration) Advertising Co., Ltd. (hereinafter referred to as Pu Xin Advertising) requested that homebuyers pay a deposit to see the contract. It was obviously unfair conduct able to affect trading order in violation of Article 25 of the Fair Trade Act. Besides ordering Cathay Real Estate to immediately cease the unlawful act, the FTC also imposed administrative fines of NT$1.7 million on Cathay Real Estate and NT$300,000 on Pu Xin Advertising.
  5. Greater Taipei Area Le Le (transliteration) Gas Enterprise Co. printed and distributed service notices that could be easily mistaken by users as coming from their natural gas provider. Then the company adopted the pretext of conducting safety inspections to push its gas safety devices. The overall marketing approach was deceptive conduct able to affect trading order in violation of Article 25 of the Fair Trade Act. In addition to ordering the company to immediately cease the unlawful act, the FTC also took legal action against the person in change of the company.
  6. Taiwan Amore Co., Ltd., a multi-level marketing business, changed its product items without filing with the FTC in advance. The conduct was in violation of Article 7 (1) of the Multi-level Marketing Supervision Act. The FTC imposed an administrative fine of NT$50,000 on the company.
  7. When marketing the "AGIP EUROSPORTS 5W50" Spanish fully synthetic motor oil on Yahoo! Kimo Super Mall, Navigator (translation) Trading Co., Ltd. claimed the product had been "certified as compliant with the "API SL" standard." The wording was a false, untrue and misleading representation with regard to quality of product and able to effect transaction decision making in violation of Article 21 (1) of the Fair Trade Act. Therefore, the FTC imposed an administrative fine of NT$50,000 on the company.
  8. When selling tickets for the Face of Da Vinci exhibition on its website, TST Art Discovery Co., Ltd. made the following claim: "Da Vinci Self Portrait NT$7 billion," "55 masterpieces worth NT$10 billion," "allowing viewers to see authentic Da Vinci paintings totaling close to NT$10 billion in value all at once," "market price exceeding 2 million Euros…‘Da Vinci Self Portrait,’" etc. The wording was a false, untrue and misleading representation with regard to service and able to affect transaction decision making in violation of Article 25 (4) in applying mutatis mutandis Article 25 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$500,000 on the company.
  9. In an advertisement posted on Kimo Super Mall for the "Electric multi-function fat-pushing, fat-breaking, fat-removing, and vibrating gua-sha massager for abdominal fat burning and slimming," Teng Hao (transliteration) Enterprise Co., Ltd. posted the claim of "nemesis for fat," "fat-pushing on fixed spots," "you decide which part of your body you want to slim," and "a fat-pushing slimmer designed to create perfect bodies--massaging, slimming, hip-lifting and breast-enlarging for body sculpture." The wording was a false, untrue and misleading representation with regard to quality of product in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$50,000 on the company.
  10. On the floor plans for the first to third stories posted in an advertisement for the "Fu Yuan (transliteration) Villas" housing project, Yuan Jin (transliteration) marked the balconies with dotted lines and indicated that they were part of the interior. The practice was a false, untrue and misleading representation with regard to use and content of product able to affect transaction decision-making in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$400,000 on the company.
  11. Taiwan Bi Shui Yuan (transliteration) Health Industry Co., Ltd. violated (1) Articles 6 (1) and 7 (1) of the Multi-level Marketing Supervision Act by not registering with the FTC before starting its multi-level marketing operations and changing its sales system, and (2) Articles 14 and 25 (1) of the same Act by failing to include statutorily required information in contracts signed with participants and not keeping its multi-level marketing management data in its main office. In addition to ordering the company to immediately cease the unlawful acts as well as sign contracts with participants carrying statutorily required information and submit a copy to the FTC for reference within 30 days after receiving the disposition, the FTC also imposed an administrative fine of NT$500,000 on the company.

《In case of any discrepancy between the English version and the Chinese Version, the latter shall prevail.》

Updated at:2016-06-23 14:37:36
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