萬國法律事務所

A settlement between Qualcomm and Taiwan’s Fair Trade Commission (FTC) has been corrected by Taiwan’s Control Yuan because of a violation of the rule of transparent decision-making.  The FTC stated that this settlement was made on the basis of law, and the FTC was disappointed with the correction made by the Control Yuan.  The FTC emphasized that Taiwan’s Intellectual Property Court considered settlement as a proper method to resolve a dispute between Qualcomm and the FTC while Qualcomm desired a settlement after litigation.
 
The FTC also alleged that the Control Yuan should respect the professional decision of the FTC as an independent agency.  The FTC is an agency that utilizes a collegial system, and the procedure and content of the settlement with Qualcomm was decided and approved through FTC committee meetings.
 
The FTC stated that in many litigation cases worldwide, parties choose settlement as a means of resolving disputes, and asserted that using a settlement to replace an administrative penalty is a means of assuring the proper function of the competitive system in society and promoting benefits to industries.