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
10. Other Remedies 10.1 Injunctions Injunctive relief is available in both administrative and civil antitrust litigation. To obtain an injunction, the moving party will have to establish facts showing that the injunction is neces - sary to prevent the moving party from suffering severe and irremediable harm. The court will scrutinise the following factors acknowl - edged by the precedents: • the likelihood of the petitioner to prevail in the litigation; • the severity of the irremediable harm suffered by each party due to the grant of the injunction; • the degree of loss and damage to each party; and • the impact on public interest. When hearing a motion for injunctive relief, courts will notify the opposing parties and request the oppos - ing parties to make comments on the motion. Injunc - tive relief can be obtained without notice and with no chance for comments from the opposing party only in the exceptional case where the petitioner can produce evidence showing the court that the opposing party should not be aware of the motion for injunction until it is granted. Courts will usually render orders upon a motion for injunction within one or two months. The moving party will be responsible for any injuries that the opposing party suffers due to an injunction in situations where the injunction is later considered ungrounded by courts in ordinary lawsuit proceed - ings. 10.2 Alternative Dispute Resolution Alternative dispute resolution methods are available but not mandated for antitrust cases. In both civil and administrative lawsuit proceedings, parties may settle the cases with the involvement of courts. In administrative lawsuit proceedings, where the TFTC is a party, alternative dispute resolution is available
only in extremely exceptional cases and is thus de facto unavailable.
11. Funding and Costs 11.1 Litigation Funding
Private litigation funding is prohibited in Taiwan. Public (government-sponsored) funding is available in certain fields as specified by special laws and regulations. 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 and private enforcement. Administrative Litigation
196 A NTITRUST LI T IGATI O N 2026
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