| 英文摘要 |
Concerted action is a type of act that has caught reasonably great attention under the Fair Trade Law. Concerted action has generated a restrain competition effect on the relevant market to strangle the quality, prices and other factors that originally supposed to be borne by each enterprise to perform fair and freedom of competition. The purpose of this paper is to study a power purchase agreement case between nine independent power producers (generally referred to as IPPs) and Taiwan Power Company (Taipower). What so special about this case is that to date, the power market has not been fully liberalized and there are the existences of Bureau of Energy, Ministry of Economic Affairs and the Electricity Act. So, the legitimacy of Fair Trade Commission to intervene in this case by using the Fair Trade Law has been questioned. Furthermore, whether or not these IPPs possess a competitive relationship to form a power generation market, and whether or not their refusal to negotiate with Taipower through an agreement would result in an impact on the market function with respect to production, trade in goods or supply and demand of services are important issues to determine whether or not competing enterprises establish the concerted action.
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