Taiwan Antitrust Authority Announces Directions for Digital Competition Policy and Future Enforcement

Taiwan's antitrust authority, the Fair Trade Commission (FTC), released the draft "White Paper on Competition Policy in the Digital Economy (數位經濟競爭政策白皮書)" on 2 March 2022.  The draft White Paper primarily advises of the FTC's policy position and future directions regarding competition concerns with respect to digital platform operators.  The FTC is currently seeking public comments on the draft White Paper.
In this draft White Paper, the FTC indicates that its focus on competition enforcement will include the following efforts:
  1. To identify potential difficulties over taking conventional approaches to defining relevant markets and assessing market power in the digital economy;
  1. To explore typical business practices of online platforms: self-preferencing, tying, predatory pricing / illegal inducement to low prices, price discrimination, Most-Favored-Nation Clauses, resale price maintenance, and restrictions on online sales;
  1. To examine issues relating to (1) the interaction of data privacy and market competition, (2) news media bargains, (3) killer acquisitions, and (4) false and misleading online advertising; and
  1. To consider the legality of algorithm-facilitated concerted actions under the Fair Trade Act.
Meanwhile, the FTC is also planning to hold seminars and or public hearing meetings to further consider the draft White Paper. The FTC is expected to finalize the White Paper after the FTC receives comments from the public.
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