我國競爭政策推行體系之研究

Abstract

我國順隨競爭法訂頒並依法賦予公平交易委員會擬定政策與法規職掌而建構的競爭政策推行體系已運作逾20年，但因以經濟議題所驅動之市場開放等自由化政策對國家仍有一定的負面衝擊與影響，使得負責我國競爭政策推行的核心機關公平交易委員會，於推動涉及產業管制相關競爭政策時不易掌握政策的產出。 本研究以伊斯頓（David Easton）所提出之系統理論，來分析我國競爭政策推行體系次級系統之互動，以及體系對環境影響因素所進行的各項回應。 首先將影響我國競爭政策推行體系的總體環境分為國內、外因素加以探討。國內因素包括：我國經貿發展需求的壓力、爭取加入國際經貿組織的推力、及公共課責的需求；國外因素則包括：WTO、APEC、OECD等國際組織規範與倡導競爭之影響、及外國競爭政策推行體制之借鏡。 其次分析我國競爭政策推行體系架構與運作，藉由系統理論之架構，瞭解競爭政策推行機關公平交易委員會的定位、其與產業主管機關的互動、以及行政院的決策過程。接著審視公平交易委員會所推行的競爭政策，在政治系統中的轉化及產出，包括推動各項促進市場自由化專案計畫、推動建置競爭診斷機制、妥處產業管制涉及違反公平交易法之案件等，觀察其實際作為是否符合國內、外環境的需求，又其反饋是否適切回應整體環境。 最後彙整研究，釐清競爭政策推行體系中公平交易委員會當前所遇瓶頸與困境，並提出若干建議，希望提供我國競爭主管機關公平交易委員會未來政策推行與機關發展的參考。

Taiwan’s executive system of competition policies has been operated for more than 20 years. In 1991, the competition law known as the Fair Trade Act (the Act), was promulgated to be the legal basis of above system. Under the Act, the Fair Trade Commission (the FTC) was authorized to draft related policies, laws as well as its duties in order to formulate the whole implementation framework. However, Taiwan’s economy encountered certain kind of negative impact or influence due to open market and other free trade policies driven by economic issues in these years. As the core authority in charge of competition policies, the FTC accordingly has rough time to control the output while she tries to promote those involved industry regulation in any respect. Based on David Easton’s famous “Political System Theory”, this research will analyze the interactions between all subsystems under the executive system, also different kinds of response reacted by the system on environmental factors. To start with, the paper, on the basis of both domestic and international factors, will review all the outputs which might affect Taiwan’s executive system of competition policies. The former includes pressure under the demands of further development of economy and trade, thrust to strive for entering international trade organizations and necessity to meet the requirements of public accountability. On the other hand, the latter are the FTC’s major concerns, such as the impact of WTO, APEC, OECD or other international organizations’ standards and deregulation policies upon members; moreover, developed countries’ successful experiences executing the said system may be useful references, too. Next, the study will focus on both the structure and operation of the system. By means of the framework of the said Theory, following steps are, defining the FTC’s position, understanding her communication with authority concerned of industry policy and policy making process of the Executive Yuan. Meanwhile, it’s also important to examine what kind of practices that the FTC will enforce when competition policies were promoted during the transformation and output procedures in accordance with so-called “political system”. Through above mentioned practices, such as whether the FTC is endeavoring to promote special projects elevating “market liberalization”, to upgrade competition diagnosis system; or whether she tries to properly handle those anti Fair Trade Act cases which might be industry regulation related, the research will broad the observation on whether the FTC’s performance meets the needs for both domestic and international standards; in addition, whether its feedback may reflect the environment as a whole. In conclusion, the study will specify what kind of bottleneck and difficulty that the FTC is confronting currently so as to propose several suggestions. Above all, whenever the FTC tries to promote competition policies or develop the organization in the future, those resolutions may serve as advantageous references.