TAIPEI (Taiwan News) — Seven Taiwanese storage and transport companies failed to overturn fines totaling NT$41.95 million (US$1.3 million) after the Supreme Administrative Court upheld a previous ruling on Wednesday.
The case stems from a Fair Trade Commission investigation into 21 firms, including Evergreen International Storage and Transport and Tungya Transportation and Terminal. In July 2014, the companies jointly decided to reinstate mechanical usage fees for container freight station exports under three tonnes, according to CNA.
The commission found that discussions took place during social dining sessions following business meetings on Dec. 10, 2013, and Feb. 26, 2014.
The companies accounted for over 80% of the nation’s container terminal revenue and export volume and operated as horizontal competitors. The commission determined that their coordinated action was a “concerted action” that affected market functioning.
In 2021, the commission imposed fines totaling NT$65.25 million. Nine companies challenged the penalties in court, disputing NT$45.45 million of the total.
The Taipei High Administrative Court initially found that the 21 member companies represented over 60% of national operators. By both revenue and export volume, they controlled more than 80% of the market, meeting the legal thresholds for concerted action under the Fair Trade Act.
The court ruled that the commission’s penalties were justified and consistent with legal requirements. Seven continued the appeal after two others, Hung Mao Container Storage and Asia Pacific Logistics International, withdrew.
On Wednesday, the Supreme Administrative Court rejected the appeals, noting that the commission had properly weighed the severity of the violations, as well as the companies’ cooperation, and that the fines were proportionate.
