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All About Fair Trade? - Competition Law in Taiwan and East Asian Economic Development

44 Pages Posted: 30 Aug 2012 Last revised: 15 Sep 2013

Lawrence S. Liu

CDIB Venture Capital Corporation

Date Written: August 27, 2012


The proliferation of antitrust laws around the world in the last three decades demands a series of inquiries, including what exactly are the nature and goals of these young competition statutes? Reviewing Taiwan’s Fair Trade Law and the political economy informing its passage, this article reveals an infatuation, common in Asia, with 'fairness.' This article first traces traditional Chinese political thought about businesses and the offense of cornering public markets. It then summarizes post–World War II economic development and policies in Taiwan, including the relevancy of constitutional provisions and emergency economic legislation. It shows that Taiwan’s Fair Trade Law was enacted amid economic liberalization and political and social reforms. The article then addresses the aim of promoting consumer welfare and other nonefficiency goals, concluding that Taiwan’s experience, including how it has struggled to outgrow the fairness fever, has ramifications for other Asian economies following the development state model, including China.

Keywords: Taiwan Fair Trade Law, fairness, Taiwan open trade policy, Chinese political thought

Suggested Citation

Liu, Lawrence S., All About Fair Trade? - Competition Law in Taiwan and East Asian Economic Development (August 27, 2012). Antitrust Bulletin, Vol. 57, No. 2, Summer 2012. Available at SSRN:

Lawrence Liu (Contact Author)

CDIB Venture Capital Corporation ( email )

No. 125, Sec. 5, Nanjing East Rd.
Taipei, 105
886227667511 (Phone)
886227669096 (Fax)

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