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Soft law > General Antitrust

Disposal Directions on Relevant Market Definition

Taiwan Fair Trade Commission, Regulation Report, 2015

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

In the enforcement of the Fair Trade Act, the definition of a relevant market often has a decisive effect on the final result of case disposal. This is because whether an enterprise has significant market power or whether its conduct can lead to competition restrictions in the relevant market and weaken the competition therein is closely associated with the size of the relevant market defined. Therefore, besides the establishment of precise disposal directions, the accumulation of precedents and experience is also needed to make clear-cut definitions. To make the criteria regarding the definition of a relevant market more precise, the FTC started to regard the enactment of the disposal directions on relevant market definition as a key work target after creating the Information and Economic Analysis Office in 2012. Finally, after studying the administrative guidelines of the competition authorities in the US, the EU, Singapore and other countries for the definition of a market and also by referring to cases processed in the past, the FTC announced the FTC Disposal Directions on Relevant Market Definition (hereinafter referred to these disposal directions) on Mar. 6, 2015. In addition to facilitating the FTC’s case examination, these directions can also serve as business practice guidelines for enterprises.

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