1. How does the Fair Trade Commission investigate cases related to the Fair Trade Act?
A1:
According to Article 27, the Commission, when conducting investigations in accordance with this Act, shall follow the procedures stated below:
- to notify the parties and any related third party to appear to make statements
- to notify the parties and any related third party to submit books and records, documents, and any other necessary materials or exhibits and
- to dispatch personnel for any necessary onsite inspection of the office, place of business, or other locations of the parties and any related third party.
The competent authority may seize articles obtained from the investigation that may serve as evidence. The scope, and duration of holding the seized articles are limited to the need of investigation, inspection, verification, or any other purpose of preserving evidence.
Shall any person subject to any investigation the provisions of Article 27, the FTC may impose an administrative penalty of not less than fifty thousand and not more than five hundred thousand New Taiwan Dollars on violate the provisions. Shall such person continue to evade, interfere or refuse to cooperate without justification upon another notice, the competent authority may continue to issue notices of investigations, and may impose consecutively thereupon an administrative penalty of not less than one hundred thousand and not more than one million New Taiwan Dollars each time until such member accepts the investigation, appears to respond, or renders relevant materials like books and records, documents, or exhibits.
Relevant article(s) of law: Fair Trade Act, Article 27