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6 Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan

Andy C. M. Chen

From: Antitrust Procedural Fairness

D. Daniel Sokol, Andrew T. Guzman

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Fair, reasonable, and non-discriminatory terms (FRAND) — Price transparency — Unfair trading conditions — Basic principles of competition law — Enforcement and procedure — Jurisdictions

This chapter uses the enforcement experience of Taiwan to illustrate how due process and transparency requirements are implemented in competition. Part I introduces the regulatory framework for due process and transparency requirements in Taiwan. Part II describes how these requirements are implemented during investigation procedures for competition cases. Part III highlights the problems associated with implementation in practice. Part IV examines the likely causes for these problems and offers preliminary thoughts on how these problems should be addressed, and Part V concludes. As a mature jurisdiction of competition law in Asia, the fundamental principles and rules honoured by other experienced jurisdictions in this regard have already been in existence in both the general legislations on administrative investigations and sanctions, as well as in the specific competition legislations in Taiwan. However, the implementation of these provisions can be limited by the provisos that authorize the Taiwan Fair Trade Commission the discretion to deny due process or transparency requests from investigated parties.

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