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Chapter Law Content

Title: Fair Trade Act CH
Category: Fair Trade Commission(公平交易委員會)
Article 26
The competent authority may investigate and handle, upon complaints or ex officio, any involvement in the violation of the provisions of this Act that harms the public interest.
Article 27
In conducting investigations under this Act, the competent authority may proceed in accordance with the following procedures:
1. to notify the parties and any related third party to appear to make statements;
2. to notify the parties and any related third party to submit books and records, documents, and any other necessary materials or exhibits; and
3. 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.
Any person, subject to an investigation conducted by the competent authority pursuant to the provisions of Paragraph 1, shall not evade, obstruct, or refuse to cooperate without justification.
An investigator carrying out his/her duties under this Act shall present the documents supporting such duties; the person to be investigated may refuse the investigation where the investigator fails to present such documents.
Article 28
In conducting investigations into an enterprise’s conduct that may violate the provisions of the Act, if such enterprise makes commitments to take specific measures to cease and rectify its alleged illegal conduct within the time prescribed by the competent authority, the competent authority may suspend the investigation.
In the situation referred to in the preceding paragraph, the competent authority shall monitor whether such enterprise fulfills its commitments.
If the enterprise has fulfilled its commitments by taking specific measures to cease and rectify its alleged illegal conduct, the competent authority may decide to terminate the investigation. However, under any of the following circumstances, the investigation shall be resumed:
1. The enterprise fails to fulfill its commitments.
2. There is a significant change to the facts upon which the decision to suspend the investigation was based.
3. The decision to suspend the investigation was based on incomplete or misleading information provided by the enterprise.
The limitation on the power to impose sanctions, under the circumstance as described in Paragraph 1, interrupts on the day of suspending the investigation. Where the competent authority resumes the investigation, the limitation on the power to impose sanctions shall start on the date of the following day when the investigation is resumed, which shall be added to the period of time elapsed prior to suspending the investigation.