TAIWAN Trends and Developments Contributed by: Stephen Wu, Yvonne Hsieh, Wei-Han Wu and Erica Chiu, Lee and Li, Attorneys-at-Law
able to anticipate that the TFTC may adopt this perspective in future merger control reviews involving such issues. Specifically, when assess - ing whether a transaction’s overall economic benefits outweigh the disadvantages arising from competition restrictions in merger control reviews, the TFTC may incorporate an analysis of environmental sustainability within the scope of “overall economic benefits”. In other words, if the transaction demonstrably enhances envi - ronmental sustainability, the TFTC may conse - quently determine that the transaction contrib - utes positively to the overall economic benefits and, therefore, render a favourable decision with respect to the transaction. Outlook – Proposed Removal of Market Share Filing Thresholds On several occasions during the past few years, the TFTC has proposed to remove the market share filing thresholds under Article 11 of the TFTA. The latest effort was made in June 2023, when the TFTC published the draft amendments to the TFTA (“2023 Draft Amendments”), which covered a wide range of topics, with a focus on handling antitrust issues under new business models. Under the 2023 Draft Amendments, the market share filing thresholds were removed, and the TFTC may set sector-specific turnover filing thresholds as supplementary measures.
After collecting opinions on the 2023 Draft Amendments, the TFTC deemed that further considerations should be taken into account and thus held off the legislation process. In Janu - ary 2024, the TFTC proposed an update version of the draft amendments (“2024 Draft Amend - ments”) and invited comments from various stakeholders, including industry associations, scholars and government agencies. The propos - al to remove the market share filing thresholds under the 2024 Draft Amendments is basically the same as that under the 2023 Draft Amend - ments. At the current stage, it seems the 2024 Draft Amendments are still under discussion. It is pos - sible that the proposed amendments will con - tinue evolving as public feedback is considered.
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