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
13. Looking Forward 13.1 Legislative Trends and Other Developments
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. 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.
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 acquisitions, 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.
197 A NTITRUST LI T IGATI O N 2026
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