Fair Trade Commission Disposal Directions (Guidelines) on Elevator Enterprise Sales and Maintenance
Passed by the 876th Commissioners' meeting on August 20, 2008
Promulgated by Order Kung Er Tzu No. 0970007782 on September 3, 2008
Amended by the 1057th Commissioners' Meeting on February 08, 2012
Promulgated by Order Kung Zhi No. 10113601131 on March 05, 2012
Amended by the 1221st Commissioners' Meeting on April 01, 2015
Promulgated by Order Kung Zhi No. 1041360223 on April 22, 2015
To maintain the trading order, protect consumers' interests, ensure free and fair trade, and effectively handle elevator enterprises' sales and maintenance cases, the Fair Trade Commission of the (hereinafter referred as "the FTC") sets forth these guidelines.
For the purposes of these guidelines, elevator enterprise(s) refers to manufacturers or sellers, or providers of parts and maintenance, of elevator equipment used in buildings.
- (Abuse of Monopolistic Powers)
An elevator enterprise whose market status conforms to that of a monopolistic enterprise as prescribed by the Fair Trade Law, may not improperly set, maintain, or change the price for elevators and parts or remuneration for maintenance services, or otherwise abuse its market position.
- (Prohibition of Concerted Action)
An elevator enterprise may not jointly set commodity prices or remuneration for services, or allocate sales performance, or divide the market by means of contract, agreement or any other form of mutual understanding with another competing enterprise which would affect the market function of production, trade in goods, or supply and demand of services.
- (Restricting Competition or Impeding Fair Competition)
No elevator manufacturer or sales merchant may engage in the following conduct that could restrict competition or impede fair trade:
- Price discrimination or other forms of discriminatory conduct toward its own or other and others' parts and accessories suppliers or maintenance vendors without proper justification.
- To exclude parts and component suppliers or maintenance vendors from competing for repair and maintenance services by improper means such as deliberate delay or refusal to provide parts and components for repair and maintenance.
- Other Deceptive or Obviously Unfair Conduct
Any elevator enterprise is prohibited from deceptive or obviously unfair conduct sufficient to affect the trading order:
- refusal to provide maintenance service, forcing elevator users to pay settlement of maintenance disputes on behalf of others.
- refusal to provide emergency use elevator key(s), maintain/repair necessary circuitry, operations manual, or vital information to elevator owner without just cause.
- deliberate delay or refusal without proper justification to provide parts and components to elevator user in order to secure repair and maintenance services.
- when the elevator user changes maintenance vendors, refusal to provide restart procedure codes or related settings for any mechanisms for temporary halting operation.
Any elevator enterprise in violation of Point 3 above constitutes violation of Article 9 of the Fair Trade Law.
An elevator enterprise in violation of Point 4 above constitutes violation of Article 15 of the Fair Trade Law.
Any elevator in violation of Point 5(A) above constitutes violation of Article 20(2) of the Fair Trade Law.
Any elevator enterprise in violation of Point 5(B) above constitutes violation of Article 20(5) and Article 25 of the Fair Trade Law.
Any elevator enterprise in violation of Point 6 above constitutes violation of Article 25 of the Fair Trade Law.