Newsletter
FTC REJECTIONS APPEALABLE
Under Article 26 of the Fair Trade Act (FTA), a complaint may be filed with the Fair Trade Commission (FTC) against a person or entity that violates the FTA in a way that harms the public interest. But if the FTC believes that the complaint has no merits, or that it falls outside the scope of the FTA, the FTC will issue a letter to reject the complaint. The question is whether such a rejection letter is an "administrative dis-position," and therefore can be appealed.
In its recent judgment in a 2004 case, the Taipei High Administrative Court indicated that the FTA contains provisions for the protection of specific persons whose interests are harmed by violations of the FTA. Thus if a reply letter from the FTC amounts to a decision about a specific incident, it is an administrative disposition. If such a decision harms the rights of the com-plainant, the complainant may file an adminis-trative appeal.