Richard Hsu’s Post

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Counsel at K&L Gates

The Taiwan Fair Trade Commission (TFTC) has recently made a decision regarding UberEats' proposed acquisition of Foodpanda Taiwan, sending a clear message without explicitly stating it. In this case, TFTC applied a stringent review process, especially when the transaction involves services and goods for everyday consumers, similar to previous instances where the commission upheld a strict standard in four attempts (all rejected) of acquisition involving prominent karaoke brands. Furthermore, TFTC emphasized that even with commitments from the acquiring party, market dominance remains a critical factor. In the UberEats/Foodpanda transaction, the estimated combined market share of 90% raised concerns, indicating that individual pledges may not alter the overall competitive landscape significantly. While differing opinions may exist among peer competition lawyers, the trend suggests a consistent approach by TFTC in safeguarding market competition. It remains to be seen whether UberEats Taiwan will pursue an appeal in the administrative court following this decision.

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