The Analysis of Tying Arrangement between Taiwan and U.S. Antitrust Law

• Main Authors: Yun-Wen Wu, 吳韻雯
• Other Authors: 劉姿汝
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/34433481436916372378

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 101 === Tying is common marketing behavior, its purpose maybe useful such as protection of the quality and goodwill; or sometimes be harmful to the market competitiveness, for example, lead to monopoly leveraging or discrimination and so on. As times and technology are all changing fast, the form of tying is become more changeable and innovative. But if the current article of Taiwan Fair Trade Act and the guidelines which made from Fair Trade Commission can effectively regulate tying arrangements is worth discussing. In Taiwan, the main regulation of tying is in the Fair Trade Act article 19(6), and with the literal meaning, the tying arrangement’s trade subject is confined to business. Therefore, if the trade subject is consumer, the provisions of this part won’t be applicable to Fair Trade Act article 19(6), it will be applicable to Fair Trade Act article 24. According to the different components of every article, the tying cases with same antitrust tying behaviors will have different examination guidelines just because their trade subject are different. This article will compare U.S. Antitrust law with Taiwan Fair Trade Act, at first remarking U.S. references, law regulation, and cases about tying, then discussing Taiwan’s Fair Trade Law and cases which Fair Trade Commission had been investigated. After analyzing the tying arrangement between Taiwan and U.S. antitrust law, this article will give some suggestions and expect these will be helpful to Fair Trade Commission.