Comment on the Application of Fair Trade Act to Concerted Action of Medical Association－With Special Reference to Concerted Price Hiking of Medical Registration Fee
The price determination of the medical registration fee has been an important issue in our society. This article elaborates the related fair trade issue regarding the concerted medical registration fee price hiking action conducted by Taiwan Medical Association. Firstly, the Taiwan Medical Association is deemed as enterprise as referred to in Fair Trade Act, consequently the determination of price and the restriction of business conducted by the Association will be interpreted as “concerted action.” Secondary, this article elucidates, with special reference to the litigation of Taipei Association for Certified Public Accountants, that any conduct of competing for trading opportunities in the same market should apply Fair Trade Act except the situation where other laws provide relevant provisions that do not conflict with the legislative purposes of this Act as stipulated in the provisos of Article 46. Since the medical registration fee shall not be classified as part of the medical fee which the municipal or county (city) competent authority, according to Article 21 in Medical Care Act, has the right to determine, consequently the price determination of the medical registration fee shall apply the Fair Trade Act. Even if registration fee be regarded as the medical fee stipulated in Article 21 in Medical Care Act, none the less, the concerted medical registration fee price hiking action still shall apply Fair Trade Act since it conflicts with the legislative purposes of this Act as stipulated in the provisos of Article 46.