skills of investigation about cartel and explanation of case skills of investigation about cartel...
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SKILLS OF SKILLS OF INVESTIGATION ABOUT INVESTIGATION ABOUT
CARTEL AND CARTEL AND EXPLANATION OF CASEEXPLANATION OF CASE
Fair Trade Commission, Taiwan Fair Trade Commission, Taiwan Presented Presented
CHIANG KUO-LUNCHIANG KUO-LUN
at Saba, Vietnamat Saba, Vietnam
May19 ~ May20, 2006May19 ~ May20, 2006
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The Features of The Features of CartelCartel (1) (1)
• A kind of Horizontal Organization
• The profession or the industry at the same production and marketing stage is based on the jointly purpose
• Contract to restrict the competitive behaviors of enterprises
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The Features of The Features of CartelCartel (2) (2)
• The part of enterprise at stated periods concerted action
• affect products,the prices of goods or services
• A kind of coalition enterprises
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The Features of The Features of CartelCartel (3) (3)
• The main point aim at avoiding the activities of enterprises and enhance economic benefits
• The industry and the profession of horizontal cooperation in oligopoly market
• Concerted action,example:jointed price,restrict products.quantities. technology
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Review for conduct of Cartel(1)Review for conduct of Cartel(1)
• Form :contract,combination,conspiracy ,etc.in order to complete their agreement
• Contract:an oral or a written contract
• Combination:combined with the parties
• Conspiracy:make a coalition
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Review for conduct of Cartel(2)Review for conduct of Cartel(2)
• Look for evidence is consisted of :
• 1.two enterprises in conspiracy or collusion between parties
• 2.enterprise a in communication of intent
• 3.feasibility of the agreement
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Review for conduct of Cartel(3)Review for conduct of Cartel(3)
• Enterprises are in accordance with their conducts in oligopoly market that is not illegal ,because of may be their possibility of independent action
• In order to prove concerted action as well as collusion between parties,and comply with duty of proof .
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Investigate about conduct of Investigate about conduct of Cartel(1)Cartel(1)
• To prove evidence that the agreement is existed or not
• As regarding collusion between parties, take the direct evidence.
• example:account books,conventional record
• and take the indirect evidence to interpret it.
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Investigate about conduct of Investigate about conduct of Cartel(2)Cartel(2)
• Skills of investigation have divided two method:general method and specifically method of investigation.
• general method:in a normal constitution can process the procedure
• specific method:when anybody is so difficult as to complete ,may be do it.
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Investigate about conduct of Investigate about conduct of Cartel(3)Cartel(3)
• general method of investigation:
• First, confirm anybody view by testimony
• assume it to be true and it has a precedent case
• Take a direct or indirect evidence in violation of law
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General investigation forGeneral investigation for Cartel(1)Cartel(1)• The general process of investigation:
• 1.notify the principle parties and interested persons to submit information
• 2.send personal to the offices,place of business, to conduct investigation s,make an examination record
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General investigation forGeneral investigation for Cartel(2)Cartel(2)
• The general process of investigation:
• 3.require to supply information from the relevant bureau,apply to their assistant.
• 4.notify the relevant groups or a trade association providing to submit information.
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General investigation forGeneral investigation for Cartel(3Cartel(3))
• The general process of investigation:
• 5.search for industry reporters,statistical books, make oral or paper record.
• 6.notify the principle parties and interested persons to appear and make statement,reply or contradict.
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General investigation forGeneral investigation for Cartel(4Cartel(4))
• The general process of investigation :
• 7.require to delivering from the relevant bureau,convince of it is a correctly information.
• 8.notify the principle parties make an additional reply or pleading.
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Specific investigation forSpecific investigation for Cartel(1Cartel(1))
• The specific process of investigation:
• 1.assert the fact is true and the fundamental data of convict.
• 2.search for industries reporters, market resources,statistical books.
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Specific investigation forSpecific investigation for Cartel(2Cartel(2))
• The specific process of investigation:
• 3.notify the relevant groups or a trade association providing to submit information
• 4.require to supply information from the relevant bureau,apply to their assistant.
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Specific investigation forSpecific investigation for Cartel(3Cartel(3))
• The specific process of investigation:
• 5.send personal to the offices,place of business, to conduct investigation s,make an examination record .
• 6.notify the principle parties and interested persons to submit information.
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Specific investigation forSpecific investigation for CartelCartel(4)(4)
• The specific process of investigation:
• 7.notify the principle parties and interested persons to appear and make statement,reply or contradict
• 8.require to delivering from the relevant bureau,convince of it is a correctly information
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Specific investigation forSpecific investigation for CartelCartel(5)(5)
• The specific process of investigation:
• 9.confirm it is a correctly information to conduct
• 10.necessarily,convene a meeting or statement,or arrange for a public hearing
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Explanation of case1 for Explanation of case1 for CartelCartel(1)(1)
• Case:Agriculture concerted action
• 1.Background:eggs industries,a eggs trade association take a participle council resolution,in order to ask large-carriage to make less prices of eggs locality in the newspaper to sell their member.
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Explanation of case1 for Explanation of case1 for CartelCartel(2)(2)
• Case:Agriculture concerted action• 2. Punish and fine :the parties belong
to a eggs trade association ,the association jointed restrict eggs commerce to sell-prices .
• Affect supply and demand in function of eggs market ,breach fair trade law article 14, punished fine 20 thousand NTD
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Explanation of case1 for Explanation of case1 for CartelCartel(3)(3)
• Case:Agriculture concerted action• 3.Process investigation:notify eggs trade
association to submit a paper.• Appear and interview large-carriage to make
less 2 dollars of eggs locality for a week supply once 0.6kg in account standard.
• Ask breeding chicken association to make a statement
• require to delivering from the relevant bureau
• present association promise and their data
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Explanation of case1 for Explanation of case1 for CartelCartel(4)(4)
• Case:Agriculture concerted action
• 4.Resources of investigation:investigate 8 months,
• Notify the relevant bureau and the principle parties and interested persons is accumulated 5 time
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Explanation of case1 for Explanation of case1 for CartelCartel(5)(5)
• Case:Agriculture concerted action• 5.investigation results:eggs trade mark
et is eggs merchant consult with taipei large-carriage prices in the newspaper to make less 2 dollars and purchase to eggs farmer.
• Eggs prices in the newspaper is before today trade constitution.
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Explanation of case1 for Explanation of case1 for CartelCartel(6)(6)
• Case:Agriculture concerted action• 6.collusion analysis:a eggs trade asso
ciation have 74 members.• decide on large-carriage to make less
2 dollars of eggs locality in the newspaper to sell their member
• affect the market function of production, trade in goods, or supply and demand of services.
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Explanation of case2 for Explanation of case2 for CartelCartel(1)(1)
• Case:Airline industry concerted action
• 1.Background:Far Eastern Air Transport and TransAsia Airways instituted a program of unconditional ticket voucher endorsement and transfers on any routes.passengers use tickets from either airline can take the flights on the other airline.
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Explanation of case2 for Explanation of case2 for CartelCartel(2)(2)
• Case:Fly industry concerted action• 2. Punish and fine:2 airline industry join
tly decided how they would restrict the endorsement and transfer of airline tickets.
• Affect supply and demand in function of the domestic airline market ,breach fair trade law article 14, punished fine 2 million NTD and 1.5 million NTD .
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Explanation of case2 for Explanation of case2 for CartelCartel(3)(3)
• Case:Fly industry concerted action• 3.Process investigation:send personal to the
offices,place of airline industry .• Try to buy tickets from either airline can take the
flights on the other airline • Examine travel agency to make a statement• Notify 2 airline industry to submit a paper,to
appear and interview.• Ask consumer ,travel agency and airline worker
to make a statement.• require to delivering from the relevant bureau
and other airline industry ..
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Explanation of case2 for Explanation of case2 for CartelCartel(4)(4)
• Case:Fly industry concerted action
• 4.Resources of investigation :investigate 7 months,
• Notify the relevant bureau and the principle parties and interested persons is accumulated 18 time
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Explanation of case2 for Explanation of case2 for CartelCartel(5)(5)
• Case:Fly industry concerted action• 5.investigation results: :Far Eastern Air Tra
nsport and TransAsia Airways had market 50% respectively.
• It was high enough to effect supply and demand in the domestic airline industry.
• 2 airline industry became more competitive than the other airline after instituting the unconditional ticket endorsements program .
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Explanation of case2 for Explanation of case2 for CartelCartel(6)(6)
• Case:Fly industry concerted action • 6.collusion analysis: no regulatory
agreement,the other airlines will be forced to participate in the joint operations or drive out of the market,tend toward excessive market concentration
• The concerted actions are no benefit to the overall national economy and public interest.
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Thank you