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
11.2 Costs Courts will order the losing parties to bear the costs and/or expenses incurred from the lawsuit proceed - ings. In most cases, each party will have to bear its own attorney fees. The prevailing party in a third instance proceeding, however, may request the Supreme Court to order the losing party to reimburse a limited amount of attorney fees for the third instance proceeding. Under Taiwanese law, in a civil lawsuit initiated by a foreign plaintiff (a foreigner or a foreign company) who does not have residence in Taiwan, the defend - ant in the lawsuit may request the court to order the plaintiff to post a bond of a certain amount sufficient to cover the total amount of the court fees for the second and third instances and any other necessary litigation expenses. The same rule does not apply to administrative litigation. 12. Appeals 12.1 Basis of Appeal Appeals are available for both administrative litigation Any parties who are not satisfied with the judgments by the first instance court (either the IP Court or the High Court) will be allowed to appeal to the Adminis - trative Supreme Court, whose rulings will be final and conclusive. The appealing party may only argue issues related to matters of law. The Administrative Supreme Court will not examine the lower courts’ findings of facts, except in some extremely exceptional situations. Private Enforcement Any parties who are not satisfied with the judgments by the first instance court (either the IP Court, the High Court, or the district courts) will be allowed to appeal to the appellate court. In a case where the value of the subject matter exceeds NTD1.5 million, the party who does not accept the judgment of the appellate court may file an appeal to the Supreme Court. and private enforcement. Administrative Litigation
At the level of the appellate courts (the second- instance proceedings), both parties may argue issues of fact and law. The appellate courts will examine the lower courts’ findings of facts and may render a judg - ment based on different findings of fact. At the level of the Supreme Court (the third instance proceedings), the appellant party may only argue questions of law. The Supreme Court will not examine the appellate courts’ findings of facts, except in some extremely exceptional situations.
13. Looking Forward 13.1 Legislative Trends and Other Developments
At the end of 2023, the TFTC released the final version of its “White Paper on Competition Policy in the Digi - tal Economy” (the “White Paper”). The White Paper explains the TFTC’s views on antitrust issues develop - ing in the markets for digital services. Monopolies cre - ated by digital platforms received particular attention. In light of US and EU cases, the TFTC expressed con - cerns and outlined its experience with several aspects of the digital economy. Topics discussed in the White Paper include the applicability of two-sided markets theory, killer acquisition, and the intricate relationship between competition and privacy. Furthermore, the White Paper observes that the growth of the inter - active entertainment industry in Taiwan warrants the TFTC’s scrutiny of false and misleading advertise - ments and endorsements by professionals and social media influencers. These issues resonate significantly in civil cases, where victims adversely affected by vio - lations of the Taiwan Fair Trade Act (TFTA) can seek compensation and punitive damages from the respon - sible enterprises. In summary, the White Paper not only sheds light on critical contemporary digital trends but also repre - sents a pivotal milestone in the advancement of civil antitrust litigation in Taiwan.
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