Fair Trade Commission Disposal Directions (Guidelines) on Cases Handled by Administrative Guidance
Passed by the 233rd Commissioners' Meeting on April 1, 1996
Amended by the 350th Commissioners' Meeting on July 22, 1998
Promulgated by Order (87) Kung Fa Tzu No. 02870 on July 29, 1998
Amended by the 463rd Commissioners' Meeting on September 21, 2000
Promulgated by Order (89) Kung Fa Tzu No. 03413 on October 9, 2000
Amended by Business Meeting on November 24, 2004
Promulgated by Order (93) Kung Fa Tzu No. 093009058 on December 1, 2004
Passed by the 688th Commissioners' Meeting on January 13, 2005
Promulgated by Order (94) Kung Fa Tzu No. 0940001311 on February 24, 2005
Amended by the 766th Commissioners' Meeting on July 13, 2006
Promulgated by Order (95) Kung Fa Tzu No. 0950006510 on July 25, 2006
Amended by the 1057th Commissioners' Meeting on February 8, 2012
Promulgated by Order Kung Fa Tzu No. 1011560340 on March 13,2012, and made retroactive to February 6, 2012
Amended by the 1287th Commissioners' Meeting on July 6, 2016
Promulgated by Order Kung Fa Tzu No. 10515604491 on July14, 2016
1. Limitations of administrative guidance and the use of warnings
Administrative guidance shall be carried out within the scope of the Fair Trade Commission's statutory authority and its duties, with an attention to the purpose of the relevant provisions of the Fair Trade Act. The abused use of such administrative guidance is not allowed.
2. Manners and terminology of administrative guidance
Administrative guidance refers to guidance, assistance, advice or other means without statutory enforcement used to urge a specific person to engage in or refrain from certain conduct. The use of compulsory or prohibitive terminologies such as found in laws or administrative sanctions should be avoided, for example "not be allowed" or "should"; instead, it is suitable to use terminologies without statutory enforcement, for example, "suggest," "please note," "please be sure to," and "suitable."
3. Form and notification of administrative guidance
The notification of administrative guidance shall state clearly the respondent and the purpose, content and duration of administrative guidance in writing. In addition, the reasons and grounds of the implementation of administrative guidance shall also be clearly specified in the notification.
4. Follow-up the results
In order to understand the results of implementing administrative Guidelines, the Commission may request the concerned trade association or its members to provide reports to the Commission on a regular and voluntary basis regarding their cooperation with the Commission's administrative guidance.
5. Handling refusal and stating opinion
When the respondent of an administrative guidance case has explicitly expressed the refusal to adopt the administrative guidance, the Commission shall immediately cease the administrative guidance. Furthermore, the Commission may not punish the respondent just for the refusal of administrative guidance, but should handle the case according to each individual facts and evidences.
In the case that the administrative guidance is implemented for enterprises in general, if only part of the enterprises explicitly expressed their intentions to refuse the administrative guidance, the Commission may still continue to carry out administrative guidance for the other enterprises.
The respondent of an administrative guidance may express its opinion on the manner or content of an administrative guidance to the Commission. The Commission shall respond to the respondent's opinion. The administrative guidance shall be modified if such opinion is found justifiable.
6. Conformity with the general legal principles
Administrative guidance is an administrative measure and therefore shall be conducted pursuant to the principle of primacy of law and shall not violate any applicable laws or regulations. Furthermore, other general doctrines and principles of administrative law, such as the principles of proportionality, equality, and protection of reliance interests, as well as the principle of honesty and good faith, shall be followed.