This article is the fourth and final in our series on merger
control in Taiwan. This installment covers issues related to the
primary regulatory agency and other insights into the application
and approval process. For the first article on basic questions
related to covered transactions and market share filing thresholds,
click here. For the second article on relevant market
definition,
click here. For the third article on procedural issues,
click here.
1. What is the nature of the agency which reviews merger
transactions?
Taiwan's Fair Trade Commission (the "FTC") is an
independent commission under the executive branch of the Taiwan
government. An important consequence of the FTC's being an
independent commission is that unfavorable FTC rulings may be
directly appealed to the administrative courts, and need not be
heard first by other bodies under the executive branch.