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Updated Monday, September 6, 2010 12:01 am TWN, By Benjamin Chiang |
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AUO's legal woes bring an antitrust cloud that hangs over IT industry“Standing on the wrong side of the law, gambling that they won't catch me” is the typical cavalier attitude of Taiwanese businesses overseas, Huang observes. In their minds, he says, violations of antitrust laws do not seem to be serious. Taiwanese companies have not begun breaking laws in foreign countries only recently. When they first began moving offshore, they often violated local labor regulations, which then extended to tax evasion and problems with corporate governance. In the past three years, the United States and Europe have begun to strictly probe the commercial practices of Asian companies. Conspiring to set monopolistic prices has been the land mine that has rattled Asian enterprises the most, with Samsung Electronics, Chi Mei Optoelectronics, Chunghwa Picture Tubes Ltd., and AUO all suffering severe blows. “As long as an industry is an oligopoly, there is a temptation to engage in price fixing,” observes an analyst at a foreign securities firm in Taipei. With fewer than 10 large flat panel makers around the world all sharing pricing information, they were able to manipulate and jointly fix the sales prices of flat panels. In addition, Taiwan's government does not strictly enforce the Fair Trade Act. It focuses mainly on investigating false advertising cases and rarely addresses acts of collective price-fixing, spawning an attitude among Taiwanese companies that they can get away with anything. The antitrust cases that have taken a toll on Chunghwa Picture Tubes, Chi Mei Optoelectronics, and AUO are reminders to Taiwanese companies operating in any sector in which Taiwan enjoys worldwide prominence that “you are no longer the small company of old,” says Jones Day's Huang. “If you want to be a big, global company, you must first obey the laws of each country.” Translated from the Chinese by Luke Sabatier. | |||||||||||||