The Fair Trade Act of Taiwan regulates the antirust and competition issues in Taiwan, comprising two main parts: Restraints of Competition and Unfair Competition. Any enterprise, regardingless of whether or not the headquarter is located in Taiwan, will be subject to the Fair Trade Act. The term "enterprise" refers to a company, a sole proprietorship, a partnership, and any person or organization engaging in transactions providing services or goods. Any trade association established by the enterprises or any other orginization established for promoting their members' interests may also by subject to the regulation of the Fair Trade Act. Given that the Taiwanese government may claim extraterritorial jurisdiction over a matter beyond Taiwanese territory under the Fair Trade Act, multinational companies shall prepare in advance for the purpose of compliance in a competition related business matter.
Further to this, Brain Trust can assist buyers/sellers in every respect of the M&A legal compliance process, effectively reduce the risk of potential violations under the Taiwanese Fair Trade Act. By estimating the degree of legal risk in the very beginning, our clients can better prepare the deal negotiation process on the basis of our legal analysis. Moreover, Brain Trust can assist clients to file a required application of merger to the Fair Trade Commission at appropriate time, seeking the best way to reach success in a given business field.
Brain Trust can give clients the best practice suggestions because our antitrust and competition team member served as a senior officer in the Fair Trade Commission. We know how it runs the process and the standard.