Cartel regulations in Taiwan: present and future

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According to the Taiwan Fair Trade Act (TFTA), the term ‘concerted action’ (or ‘cartel’) refers to the conduct of any enterprise, by means of a contract, agreement or any other form of mutual understanding with a competing enterprise, to determine jointly the price of goods or services, or to limit the terms of quantity, technology, products, facilities, trading counterparts or trading territory with respect to such goods and services, thereby restricting each other’s business activities and possibly interfering with the market mechanism with regard to the production or supply and demand of goods or services. It is noteworthy that a concerted action regulated by the TFTA only covers an action conducted by ‘horizontal’ enterprises competing at the same stage of production or sale.