alidity of Anticompetitive Practices in Private Law—Focusing on Concerted Actions and Article 71 of Civil Code
|關鍵字:||違反競爭法行為;聯合行為;私法效力;效力規定;民法第七十一條;anticompetition;concerted action;validity in private law;grounds of invalidity;Article 71 of the Civil Code|
Concerted actions that violate competition law are highly anticompetitive, and seriously hinder market competition. All countries heavily regulate such actions. In EU, British and Korea, laws explicitly void such actions in private law. Because recently, U.S. and E.U. imposed huge amount of fines on Taiwanese businesses, local businesses began to pay attention to competition law. Among cartel businesses, can one business clam against another based on the breach of the agreement of a concerted action? This should be subject to the validity of the illegal concerted action agreement under private law. In those limited cases in Taiwan, no convincing opinion is found, and most of them are opposite to the worldwide trend. As the Fair Trade Act is being amended, this essay analyzes cases, review Article 71 of the Civil Code, and propose several factors for evaluating the validity of an illegal concerted action and grounds of voidance under private law. The authors hope it can be of reference for the amendment.
|Appears in Collections:||Thesis|
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