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Resulting from a combination of domestic and global political developments, the economy of Taiwan remains delicate, with the major issues of the last few years remaining in place. The nationalist government of President Tsai Ing-Wen promised in 2016 to sever links with the People’s Republic of China (PRC) and to promote trade and partnership with other Asean nations. The domestic situation has been made all the more precarious in light of the PRC’s maintained claim of sovereignty over the island.

The international risks arising from the government’s foreign policy are twofold. In light of deteriorating cross-Strait relations, the PRC has stepped up ‘dollar diplomacy’. China has increased efforts to win over Taiwan’s allies through investment initiatives, which have reduced the number of countries that recognise it as an independent nation to 17 as of September 2018. The other major international issue facing Taiwanese companies is the growing trade war between the US and China. Although Taiwan is not directly affected by US or Chinese tariffs, local companies have significant investments in hi-tech manufacturing operations in China, the relocation of which is unfeasible. Taken together, the future looks uncertain.

Domestically, government regulators have become more hostile to Chinese companies entering the market. Therefore, in the absence of significant inbound investment, the domestic market is in a consolidation phase. There is significant M&A activity across all sectors of the market, in particular the semiconductor and banking industries. Taiwanese businesses are also increasingly investing abroad, most notably in the US, Japan and Germany. In light of the trend for M&A, lawyers reported an increase in fundraising activity on the market for active and speculative corporate transactions. Renewable energy continues to represent a strong area of the market, as the Formosa 1 offshore wind project nears completion and further projects have been announced. Intellectual property (IP) continues to be an important feature of the market and as M&A activity has increased, so too has the transfer of IP portfolios. There has also been an increase of trade secrets cases involving companies in the PRC and a general increase in cross-border IP disputes.

The legal market remains stable, with Jones Day and Baker McKenzie still strong among the international firms and Lee and Li, Attorneys-at-Law, Tsar & Tsai Law Firm, Formosan Brothers Attorneys at Law and Formosa Transnational Attorneys at Law leading local firms. Firms such as LCS & Partners, Chien Yeh Law Offices and Lin & Partners Attorneys-At-Law are key names for mid-market clients.

Firms in the spotlight

Chien Law offices

www.chienyeh.com.tw

Founded by Professor Dr S S Tzeng in Taipei in 1973 and thereafter headed by Dr Shen-I Lee, Dr Carl K M Wu and Mr Alex C Y Tsai, Chien Yeh Law Offices has been providing high-quality and comprehensive legal services to its clientele and is well known for its distinct capacity to provide clients with legal advisory services in a wide range of commercial and industrial practice areas, including without limitation, accounting, taxation, investment, mergers and acquisitions, reorganisation and initial public offering (IPO).

Tsar & Tsai Law Firm

www.tsartsai.com.tw

Tsar & Tsai Law Firm is a Taiwan-based partnership engaged in the provision of legal services relating to all aspects of international and domestic business transactions, as well as dispute resolution and litigation. The firm was founded in 1965 by Ruchin Tsar and Paul C Tsai, and has grown to over 50 attorneys admitted to practice in various jurisdictions. It is one of the largest law firms in Taiwan and its team of 120 employees includes translators, paralegals and accountants.

Formosa Transnational Attorneys at Law

www.taiwanlaw.com

Established in 1974, Formosa Transnational (FT) has endeavored to provide high-quality legal service, foster social justice and advocate the rule of law. With a spirit of specialisation, teamwork and professionalism, FT always stands along with its clients, assisting companies, entrepreneurs, agencies and organisations, multinational or domestic, to plan ahead for their business operation and development, or to resolve various and myriad problems that clients may encounter from time to time.

Enlighten Law Group

www.enlightenlaw.com

The name of the law firm comes from the motto of the University of California Berkeley and the Law School, "Let There Be Light" (Latin "Fiat Lux"). The first meaning of this name is "bring the light". We believe that installment of the law for the parties in need of legal assistance, function like the introduction of light into the dark, or bringing in the hope in despair. The second dimension of its meaning is "enlightenment". We believe that the rightful and innovative legal concepts are of significance to the enlightenment of society and the public. It is also an important driving force for social progress. The third level means that we believe that the progress of the legal system and practical matters, need more creativity and new knowledge, in order to light up the ancient traditions of legal professional areas.

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  • New Leniency Program for Suspected Concerted Actions

    A leniency program for potential unlawful actions constituting “concerted action” under the ROC Fair Trade Act of 2011 (the “FTA”) was recently instituted towards the end of 2011, due in part to discussions between the Taiwan Fair Trade Commission (“TFTC”) and the Organisation for Economic Co-operation and Development (OECD).
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