TAIWAN Law and Practice Contributed by: Jui-Hua Fan, Hsiang-Yang Hsieh, Chia-Hsin Wu, Chi-Ying Lee and Jin-Han Hsieh, Formosa Transnational Attorneys At Law
Jin-Han Hsieh is an associate at Formosa Transnational Attorneys at Law. His practice focuses on intellectual property and
administrative litigation. Mr Hsieh graduated from National Taiwan University, Department of Law in 2020. He is a member of the Taipei Bar Association.
Formosa Transnational Attorneys at Law 13F. No.136 Sec.3 Jen Ai Rd. Taipei City 106 Taiwan
Tel: +886 2 2755 7366 Fax: +886 2 2755 6486 Email: ftlaw@taiwanlaw.com Web: www.taiwanlaw.com/en/index.php
1. Introduction 1.1 Current Framework for Private Antitrust Litigation Private Enforcement Private enforcement of antitrust law usually proceeds with civil lawsuits initiated by parties injured by alleged violations. Pursuant to Articles 29–33 of the Taiwan - ese Fair Trade Act (TFTA), if an enterprise violates any provision of the TFTA and thereby infringes upon the rights and interests of another, the aggrieved party may seek proper remedies from the civil courts. Avail - able remedies include permanent injunctions requiring the infringing parties to cease the infringing activities, as well as compensatory damages. Ordinary courts have jurisdiction over civil claims sounding in Taiwanese antitrust law. Plaintiffs may go to the IP Court if the subject matter of their claims involves IP issues.
1.2 Recent Developments Taiwan Power Company Sues Other Private Power Corporations (Compensation for Damage Arising from Concerted Action) In 1998 and 1999, Taiwan Power Company, a govern - ment-owned company that exclusively sells electricity to end users in Taiwan, entered into power purchase and sales agreements (the “Power Sales Agree - ments”) with two private power generation compa - nies, Hsin Tao Power Corporation and Chiahui Power Corporation (collectively, the “Private Power Plants” or “PPPs”). Under the Power Sales Agreements, the Taiwan Power Company agreed to purchase electric - ity from the PPPs based on “capacity-based” and “energy-based” charges. In 2007, the PPPs reached an agreement with the Taiwan Power Company to revise the fuel cost rate to an “immediate adjustment mechanism”. Thereaf - ter, the PPPs, along with other private power genera - tion companies, jointly established the Taiwan Private Power Generation Association. These companies collectively agreed not to proceed with “the adjust - ment of the power purchase and sales rates” with
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