Abstract

“The Annotation of the Fair Trade Law” is intended to be the profound reference book compiled to help the government, scholars and the relevant practitioners deal with the cases involving the Fair Trade Law and carry on follow-up researches. Hence, it tries to illustrate the development of the theories and practice with regard to the Fair Trade Law and aims at suiting the practitioners for reference. As for the style, “The Annotation of the Fair Trade Law” is compiled in the manner of German annotation books and also adopts the previous experiences of annotating important Chinese Taipei's codes.

“The Annotation of the Fair Trade Law” emphasizes the objective, elements, effects and application of each article, and especially focus on the interpretation of the competent authority. Moreover, for the purpose of improving the legislative experiences and abilities of enforcing competitive laws, “The Annotation of the Fair Trade Law” introduces the relevant regulations of United States, Japan, German and the European Union prior to the annotation of each article.

This research report is the first part of “The Annotation of the Fair Trade Law”. First, the preface thereof explains its style, and then the introduction clarifies the status in Chinese Taipei's legal system, legislative background, the structure and the interpretation way of the Fair Trade Law. Following the introduction is the annotation of the Article 1 to 17(namely Chapter 1 and Chapter 2), including Article 1 ”The Purpose ”, Article 2 ”The Definition of Enterprise”, Article 3 ”The Definition of Trading Counterpart”, Article 4 ”The Definition of Competition ”, Article 5 “The Definition of Monopolistic Enterprise”, Article 5-1 “The Criteria of Deciding Monopolistic Enterprise”, Article 6 “The Definition of Merger”, Article 7 “The Definition of Concerted Action”, Article 8 ”The Definition of Multi-Level Sales”, Article 9 “Competent Authority”, Article 10 “ The Prohibitive Actions of Monopolistic Enterprise”, Article 11 “The Threshold and Procedure of Merger Filing ”, Article 11-1 ”The Exemption of Merger Filing ”, Article 12 “The Decision of Merger Filing”, Article 13 “The Punishment of Illegal Merger”, Article 14 ” The Prohibition of Concerted Action and Its Exceptions”, Article 15 ”The Conditions and Term of Concerted Action Approval”, Article 16 “The Revocation and Alteration of Concerted Action Approval” and Article 17 “The Publication of Concerted Action Approval”.