TaiwanFair Trade Act, general clause against deceptive or unfair competitive conduct
Fair Trade Act (公平交易法), Arts. 6, 25, 42
In force.
An unfair competition rule binding private bodies.
- Enforcement body
- Fair Trade Commission
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not engage in deceptive conduct, or conduct that is obviously unfair and capable of affecting trading order, toward a competitor; Article 25 is a residual clause the Fair Trade Commission can apply to a novel unfair-competition claim, including one framed around reuse of a competitor's content or data, that no more specific provision of the Act covers.
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 42 empowers the Fair Trade Commission to assess an administrative penalty of NT$50,000 to NT$25,000,000 against an enterprise violating Article 25, alongside a cease-and-rectify order; continued non-compliance draws successive penalties.
- Rule
- Fixed only
- As of
- Currency
- TWD
- Fixed cap
- 25,000,000
What it makes you log
Logging duty
Article 25 is the general clause against deceptive or obviously unfair conduct able to affect trading order, article 42 gives the Fair Trade Commission power to order correction and assess an administrative penalty, and article 6 names the Commission as the competent authority. None imposes a duty to create, keep, produce or review a log or record, and the Act's text carries no territorial clause. Article 27, outside the articles this row cites, lets the competent authority notify parties and third parties to submit books and records during an investigation.
- Kind
- None
- As of
What this law does
Article 25 is a residual general clause: beyond the Fair Trade Act's other named prohibitions, no enterprise may engage in deceptive conduct, or conduct that is obviously unfair and capable of affecting trading order. The Fair Trade Commission, the Act's named competent authority, may order an enterprise violating Article 25 to cease, rectify, or take corrective action, and may separately impose an administrative penalty of NT$50,000 to NT$25,000,000 (Article 42).
The Act provides that it takes effect from the date of its promulgation, except Articles 10 and 11, which take effect thirty days after promulgation. The full revision was promulgated on . Under Article 13 of the Central Regulation Standard Act, a law that takes effect from its promulgation takes effect from the third day counting from the day of promulgation.
When LexLint raises it
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