TAIWAN Law and Practice Contributed by: Stephen Wu, Yvonne Hsieh, Wei-Han Wu and Erica Chiu, Lee and Li, Attorneys-at-Law
enterprises, relevant competent authorities and scholars to provide their opinions; and/or • issue letters to the parties’ Taiwanese cus - tomers, suppliers and sometimes competitors to seek their opinions. 7.2 Contacting Third Parties As stated in 7.1 Third-Party Rights , if the TFTC accepts a combination notification and decides to exercise its jurisdiction on the transaction, it will post a summary of the proposed transac - tion on its website for one week to seek public opinion. It is unclear whether the TFTC will “market test” any remedies offered by the parties. 7.3 Confidentiality As stated in 7.1 Third-Party Rights , if the TFTC accepts a combination notification and decides to exercise its jurisdiction on the transaction, it will post a summary of the proposed transaction on its website for one week to seek public opin - ion. Under such circumstances, the fact of the notification and/or a description of the transac - tion will be publicised. The parties may request the TFTC not to disclose specific confidential information to the public and to handle combination notifications confi - dentially. If the parties have any particular con - cerns about the TFTC’s public announcement, they can also submit an application requesting the TFTC not to disclose certain information regarding the combination transaction. However, whether such request will be granted is subject to the TFTC’s discretion. If the TFTC considers that the information about the transaction has an impact on the Taiwanese market, it will reject the non-disclosure request and make a public announcement soliciting the public’s opinions. Nevertheless, the TFTC will generally not dis -
close the parties’ commercial information that is specifically marked confidential in their filings to the general public, such as trade secrets. 7.4 Co-Operation With Other Jurisdictions While reviewing the filing for certain cross- border transactions, the TFTC will consult the regulatory authorities of the parties’ home coun - tries. In addition, there are several co-operation agreements and memorandums for the appli - cation of competition regulations between the TFTC and the following countries: Paraguay, Eswatini, Japan, Indonesia, Panama, Australia, Canada, France, Hungary, Mongolia and New Zealand. Co-operation between the TFTC and these countries can be anticipated. It is unclear whether such co-operation is simply on a general policy level or whether the TFTC exchanges specific transaction information with other jurisdictions. In practice, the TFTC will seek the parties’ con - sent before sharing information with other juris - dictions. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review The parties (or any interested parties with legal standing) may appeal against the TFTC’s admin - istrative decision to the High Administrative Court for judicial review within two months of receiving said decision. The procedure of administrative litigation is basi - cally the same as the procedure of civil litigation. The case will be heard in a court and the TFTC, as the defendant, and the parties subject to the
591 CHAMBERS.COM
Powered by FlippingBook