| Summary: | 碩士 === 國立交通大學 === 管理學院碩士在職專班科技法律組 === 93 === With the innovation of technology and explosion of information, the enterprises are not able to overcome in the global competition environment with the old style business model which compete solely in the market by developing own technologies, manufacturing and selling own products. Especially it takes huge fund for technical research. Enterprises have to face the keen, fast-changing competition environment which makes them to think about cooperation with each other and establish the new partnership in their existing competing relationship. Most of the enterprises are middle-small size in Taiwan. The business model of fighting alone is really insufficient to compete in the international circumstance. Because it has been a trend, which integrate group resources to co-develop new technology and products, toward enterprise technical R&D, our government starts to impel the R&D alliance plan positively from 2001. It assists enterprises to establish the R&D alliance in funding them.
However, the R&D alliance may possibly get involved in the subject of Concerted Action. In the relationships between the most alliances, the purpose of “co-research and co-development” are based on improving efficiency, competition ability, product innovation, other economic benefits and etc.. It still has the possibility of competitions between alliance members. Therefore, it is not appropriate to regard the R&D alliances as Concerted Action and forbid them. As well, the R&D alliances do not have the certain result of improving economic benefits. It is also not appropriate to exclude the R&D alliances in the Fair Trade Act rashly.
As for the identification of Concerted Action on R&D alliances, it is not difficult to judge whether it conforms to its major action element, form element and substance element in the beginning of establishing the R&D alliance. As for how to judge whether the activity of enterprise cooperation is sufficient to impact the result element of market function, there is no certain judgment standard. The result element is not limited in those which have already impacted the market function. As long as the cooperation action has the possibility of harm to market function, the Fair Trade Act is necessary to interfere. However, since we have doubt on whether we ensure the cooperation activity on the enterprises of the R&D alliances has not resulted in Concerted Action, there is only one way to apply the exception approval if the enterprises want to ensure the legitimating of cooperation action. But the examination of the administrative organizations is usually very time-consuming which obstructs the efficiency of research and development.
And what is more, the Concerted Action in our country’s present Fair Trade Act may put the cooperation action between the competitors in an predicament of “get in but cannot get out”. Namely it means the cooperation actions between the competitors formally may conform to article 7 but actually may not conform to the examples in article 14. Although the cooperation actions have advantages to the social economy and public benefit, there is no way to apply the exception approval from Fair Trade Commission. Because of the awful efficiency of administration and incomplete law, it increases the cost of participating enterprises which makes the enterprises think they have the right reasons to participate the cooperation actions for cooperation R&D without approval from Fair Trade Commission. Therefore, the law will be a mere formality and it eventually may have disadvantageous influence to our technical development in the future.
This thesis pragmatically discusses the subject of Concerted Actions occurred by the cooperation R&D alliance policy impelled by our government and draws on the experiences of advanced countries in impelling the cooperation R&D alliances such as USA, European Union, Japan and others. Their regulations and laws for the operations of cooperation R&D alliance could be the reference to our government to have appropriate control to our cooperation R&D alliance to make it not only competitive in the market but also maintaining the competition order.
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