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In brief

The first draft, released on 2 March 2022, is the authority’s first comprehensive overview of competition issues specific to the digital economy and its enforcement position and policy direction. 

This update was published as part of our quarterly newsletter, Asia Pacific Competition Highlights. Click here to access the full report, which covers the most notable antitrust developments across nine Asia Pacific jurisdictions.


TFTC releases draft White Paper on the Digital Economy

The White Paper is the Taiwan Fair Trade Commission’s (TFTC) first comprehensive overview of competition issues specific to the digital economy and its enforcement position and policy direction. The first draft was released by the authority’s Digital Economy Competition Policy Task Force on 2 March 2022, after several rounds of discussion commencing in 2021.

The White Paper seeks to address competition issues arising from the emergence of novel business models in the digital economy. The key issues covered include (1) challenges in adapting conventional approaches to market definition and market power assessment; (2) potential anti-competitive behaviour commonly seen in platform operators’ business practices; (3) related issues between data privacy and market competition, and (4) review and evaluation of algorithm-facilitated collusion.

Currently, the TFTC is collecting comments and feedback from the public, academia as well as major players in the field. The final version of the White Paper will incorporate comments and feedback received during this period. The major goal for publishing the White Paper is to provide transparent and clear guidance on legal compliance and to enhance the innovation under a competitive digital environment.

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Author

Sonya Hsu practices in the areas of litigation and arbitration, particularly in cross-border commercial disputes, as well as consumer protection, unfair competition and reorganization/insolvency. She is a graduate of the National Taipei University and Cornell University School of Law. Ms. Hsu is admitted to the Taipei Bar Association, Hsinchu Bar Association, Tainan Bar Association and Kaohsiung Bar Association.

Author

Fang-Yi focuses her practice in the areas of competition matters, leniency applications, multinational merger control regulations, negotiations with competition authorities, and compliance investigations. She also has considerable experience advising local and foreign corporations in the areas of mergers and acquisitions, and general commercial transactions.