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Chapter Law Content

Title: Fair Trade Act CH
Category: Fair Trade Commission(公平交易委員會)
Article 45
No provision of this Act shall apply to any proper conduct in connection with the exercise of rights pursuant to the provisions of the Copyright Act, Trademark Act, Patent Act or other Intellectual property laws.
Article 46
The Act has precedence over other laws with regards to the governance of any enterprise’s conduct in respect of competition. However, this stipulation shall not be applied to where other laws provide relevant provisions that do not conflict with the legislative purposes of this Act.
Article 47
Any unrecognized foreign juristic person or organization may file a complaint for public prosecution, private prosecution, or civil action pursuant to the provisions of this Act; provided, however that any national or organization of the Republic of China in the country of such foreign juristic person or organization must be entitled to the right of the kind in accordance with any treaty, or any law, regulation, or custom of such country; or through any agreement entered into by any organization(s) or institution(s) and approved by the competent authority, for mutual protection.
Article 47-1
To strengthen the investigation and sanction over concerted actions and promote the healthy development of market competition, the competent authority may set up an anti-trust fund.
Capital sources of the preceding anti-trust fund are as follows:
1. 30% of the fines imposed according to the Act;
2. Interests accrued on the fund;
3. Budgetary allocations;
4. Other relevant incomes.
The fund under Paragraph 1 shall be used for the following purposes :
1. Rewards for the reporting of illegal concerted actions;
2. Promotion of cooperation, investigation and communication matters with international competition law enforcement agencies;
3. Subsidies to the related expenses incurred from litigations associated with the Act and rewards reporting of illegal actions;
4. Deployment and maintenance of databases in relation to the Competition Law;
5. Research and development on the systems in association with the Competition Law;
6. Education and advocacy of the Competition Law;
7. Other necessary expenditures to maintain the market order.
The previous paragraph governing the scope of reporting reward, the qualifications of informer, the criteria of rewarding, the procedures of rewarding, the revocation, abolishment and recovery of reward, and the maintenance of confidentiality of the informer’s identity shall be determined by the competent authority.
Article 48
Where disposition or decisions made by the competent authority pursuant to this Act are objected or challenged, the procedures for administrative litigation shall apply directly.
Where administrative appeal cases are not concluded prior to the enactment of the amendment of this Act, they shall be concluded in accordance with the Administrative Appeal Act.
Article 49
The enforcement rules of this Act shall be made and promulgated by the competent authority.
Article 50
This Act takes effect on the date of promulgation, except Articles 10 and 11, which were amended on January 22, 2015, shall take effect thirty days from the date of promulgation.