Further Review of Regulatory Control on the Price Discrimination under Competition Law

• Main Authors: Yin-Fan Chen, 陳映帆
• Other Authors: Ming-Jye Huang
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/57434383065242610486

碩士 === 國立臺灣大學 === 法律學研究所 === 101 === Since the enactment of the Robinson-Patman Act of 1936 by United States, it has been commonly seen the regulatory controls on the industries'' price discrimination under the anti-trust law in various countries. Sub Paragraph 2, Article 19 of the Fair Trade Act of the Republic of China (Taiwan) also explicitly provides a regulatory control scheme on the differentiated treatments between the enterprises. However, the price discrimination itself is essentially an ordinary mean adopted by the enterprises during the course of their participations in competition, which sometimes may enhance the price competition within a new market when the enterprises intend to participate in the same. Hence, it is questionable whether the anti-trust law shall provide the control on the conducts of the price discrimination by the enterprises and how to do the same in this regard. Firstly, this thesis summarizes the analyses on the price discrimination by the respective economists in the past, so as to evaluate its possible impacts on the competition market. Secondly, it categorizes the price discrimination into seller–induced type and buyer-induced type, and analyzes the control schemes under the relevant regulations of the anti-trust laws of United States and Japan and their applications. It also reviews those two countries'' progresses of the price discrimination in respects of both academic theory and practical application. At last, this thesis discusses the relevant regulations and practical application under the Fair Trade Act and reaches the conclusion toward diminishing the regulator controlled level.