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HOME > Practice > Antitrust and Competition Law

Yangming Partners has developed probably the most active antitrust and competition law practice among law firms in Taiwan. In many cases clients who use other firms for general corporate representation will turn to us for representation regarding matters under Taiwan's Fair Trade Law and in practice before the Fair Trade Commission. Our antitrust and competition law practice group is comprised of two partners and a team of three associates, including one American lawyer. The inclusion of an American lawyer in the team is to facilitate the drafting of English language Combination Notification filings with the Fair Trade Commission. A significant portion of the firm's antitrust and competition law practice involves representation of non-Taiwan corporations which are engaged in transactions which affect competition in Taiwan and which may require a filing with the Fair Trade Commission. These so-called "foreign-to-foreign" transactions in many cases require very quick turn around in order that clearance from the Fair Trade Commission can be accomplished prior to closing. Hence, in many cases, it is necessary that the first draft of the documentation to be filed with the Fair Trade Commission is prepared in English by an American lawyer so that the document can be reviewed first by the client, with the ultimately governing Chinese language version based upon the English draft. The firm takes pride in its track record in obtaining Fair Trade Commission clearance in sensitive and high profile matters.

The following are representative cases recently handled by the Antitrust and Competition Law Practice Group:
  • Representation of a number of large multinational corporations in connection with merger notification applications before Taiwan's Fair Trade Commission;
  • Provision of analysis as to whether extradition of individual Taiwan nationals would be available in foreign anti-trust criminal proceedings;
  • Provision of legal opinions regarding types of joint venture activities conducted outside of Taiwan which could give rise to liability for concerted action under Taiwan Fair Trade Law;
  • Filing of groundbreaking first request for Waiver of Jurisdiction in a foreign-to-foreign merger matter under the Guidelines Regarding Extraterritorial Mergers issued by the Taiwan Fair Trade Commission;
  • Notification of the largest acquisition of a cable television Multiple System Operator by a foreign corporation;
  • Notification of the largest recent acquisition in the international maritime shipping industry.
    
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