Newsletter
Taiwan Fair Trade Commission Announces Proposed Amendments to Merger Filing Thresholds and Monopoly Thresholds
The Thresholds and Calculation of Sales Amount which Enterprises of a Merger shall File with the Fair Trade Commission (the "Merger Filing Thresholds and Calculation Method") and the Threshold of Total Sales at Which an Enterprise is Exempted from being Deemed a Monopolistic Enterprise (the "Monopoly Threshold") have been in effect for approximately ten years since their last amendment. During this period, Taiwan's economy and market size have shifted considerably. On November 5, 2025, the Taiwan Fair Trade Commission (TFTC) proposed amendments to Sections 1 and 4 of the Merger Filing Thresholds and Calculation Method, as well as amendments to the Monopoly Threshold, and sought public comment.
The key amendments to the Merger Filing Thresholds and Calculation Method and the Monopoly Threshold are as follows:
I. Amendments to Section 1 of the Merger Filing Thresholds and Calculation Method
Recognizing the Merger Filing Thresholds and Calculation Method have been in effect for approximately ten years since their last amendment, and the significant growth of Taiwan's gross domestic product (GDP) during this period, the TFTC aims to maintain its regulatory effectiveness and improve administrative efficiency by revising the merger filing thresholds stipulated in Section 1of the Merger Filing Thresholds and Calculation Method.
The proposed amendments increase the sales amount thresholds for merger filings in Section 1, with the following adjustments:
(I) The higher threshold for global sales amount is raised from NT$40 billion to NT$50 billion.
(II) The higher threshold for Taiwan sales amount is raised from NT$15 billion to NT$20 billion for non-financial institutions, and from NT$30 billion to NT$40 billion for financial institutions.
(III) The lower thresholds for both global and Taiwan sales are raised from NT$2 billion to NT$3 billion.
II. Amendments to Section 4 of the Merger Filing Thresholds and Calculation Method
To align with the Taiwan Financial Supervisory Commission (FSC)'s amendments to the Regulations Governing the Preparation of Financial Reports by Insurance Enterprises - which replaced the original reporting basis of "total operating revenue" with "the sum of insurance revenue, net investment gains/losses, asset management service revenue, and other operating revenue" - the TFTC amended Section 4 of the Merger Filing Thresholds and Calculation Method. The amendment changes the basis for determining an insurance enterprise's sales revenue from "total operating revenue" to "the sum of insurance revenue, net investment gains/losses, asset management service revenue, and other operating revenue." This adjustment ensures the reasonableness and practical applicability of the merger filing metrics.
III. Amendments to the Monopoly Threshold
Under Paragraph 2, Article 8 of the Taiwan Fair Trade Act, the competent authority (i.e., the TFTC) is authorized to adjust the announced threshold for designating a monopoly based on economic conditions. The TFTC last revised this threshold on March 4, 2015, setting it at NT$2 billion, meaning that an enterprise with total sales revenue below NT$2 billion would not be deemed a monopoly.
More than a decade has passed since that announcement. During this period, domestic price levels and Taiwan's economic scale have continued to rise. After reviewing economic factors such as growth and enterprise sales figures, the TFTC has drafted an amendment to the Monopoly Threshold, proposing to raise the threshold from NT$2 billion to NT$3 billion.
Lee and Li's Competition and Antitrust practice group has extensive experience advising clients on competition and antitrust matters. Should you have any questions or require consultation regarding the above amendments, please do not hesitate to contact our team of experts.