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Summary of IOT Publications
| Title | On the Competitive Disciplines between Fair Trade Law and Relevant Transportation Regulations |
|---|---|
| Dept | IOT |
| Year | 1998 |
| Summary | According to the regulation of Article 46 of Fair Trade Law which was promulgated by the President on Feb. 4, 1991, the provisions of this Law "shall not apply to any act performed by an enterprise in accordance with other laws". Besides, also in the same Article, it states that "the acts of governmental enterprises, public utilities or communications and transportation enterprises approved by the Executive Yuan shall not be subject to the application of this Law until the elapse of five years after the promulgation of this Law". It has been clearly defined by the Law that the transportation sector could be excluded from the application of this anti-trust law. In order to understand the real application and implication of Article 46 of this Law on the transportation sector at the end of the 5-year elapse which was fulfilled on Feb. 3, 1996, this study inquiries into the competitive disciplines between Fair Trade Law and relevant transportation regulations and acts. The major concerns are focused on the un-competitive activities of enterprises* monopolies, combinations, concerted actions and unfair competition. After the intensive case-by-case investigation, the study concludes that the transportation regulations are still in need of some anti-market regulations, and that there are still rooms for the governmental authority to de- regulate restrictions on transportation sector. |
| Post date | 1998-08-08 |
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