| 英文摘要 |
In recent years, a number of Taiwan’s enterprises have acted in breach of the rules of fair competition laid down by the law in Europe and the United States. This is a matter that the competent government authorities in Taiwan have taken very seriously, hence the purpose of this paper in conducting a preliminary analysis on European and American competition law. First, the paper compares EU and US competition law from the perspectives of the criteria applied in violation judgments, the penalties imposed, and the extraterritorial application of the law. In respect of criteria, while price fixing is prima facie illegal in America, in practice exceptions are still allowed by the courts, whereas in Europe the judgment process is prescribed clearly by the law. In respect of penalties, America mainly imposes criminal penalties while Europe imposes administrative penalties. In extraterritorial application, America applies the “effects doctrine,” while the European Commission applies the “single economic entity doctrine,” the “implementation doctrine,” and the “effects doctrine.” Next, in examining leniency policy, the paper finds no differences between the US and the EU in respect of timing the application of leniency, cooperation with investigation, and retention of eligibility, but finds differences in respect of the governing authorities, the degree of leniency, the entities covered, the timing of cartel exit, liability for damages, and provision for “amnesty plus.” Finally, in response to the increasingly severe enforcement environment of international competition law, companies should establish comprehensive compliance programs that cover all aspects of compliance from the making and execution of plans to their monitoring and control. |
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