FTC Found Concerted Action and Fined NT$2.35 Mln 小琉球浮潛聯合漲價 公平會開罰235萬

Due to the COVID-19 epidemic, snorkeling in Liuqiu had been prohibited until Aug. 24, 2021, when the government announced its reopening. However, the Fair Trade Commission received reports that 21 local snorkeling businesses jointly increased the snorkeling fees from NT$300, NT$350 to NT$400 per person, constituting a violation of a concerted action under Article 15 of the Fair Trade Act, they're subject to a total fine of NT$2.35 million. 

Diving-related activities to witness the undersea ecology on Liuqiu Island is splendid. However, due to COVID-19, snorkeling there had been prohibited from May to August 2021. It reopened at the end of August of that same year but was reported that snorkeling businesses jointly increased prices from NT$300, NT$350 to NT$400. Upon investigation, the Fair Trade Commission found that there was, in fact, prohibited concerted action, where the participating 21 snorkeling businesses were each fined anywhere from NT$100,000 to NT$150,000, totaling NT$2.35 million. As for the Liuqiu Tourism Development Association that facilitated this joint price increase, it was fined NT$150,000.

Hsu Bo-han, Chair, Liuqiu Tourism Development Association: “Certain snorkeling business raised their price due to increased costs because of COVID-19; they were unaware that it would implicate the Fair Trade Act.”

Coach Tien, Liuqiu Island Snorkeler: “These inconsequential amounts, NT$400, and NT$300 really do not amount to monopolization. We are trying to preserve epidemic prevention measures so set the standards for you to see. This is really very much baffling and upsetting, really.”

Snorkeling businesses said increasing their price was a response to rising costs in epidemic prevention, and the increase is not a lot yet they were nevertheless fined which made them quite helpless. The Fair Trade Commission emphasized that a joint increase in price is explicitly prohibited by law and is normally fined heavily. This time, taking into consideration the impact of the epidemic on said businesses, it, therefore, imposed minimal fines.

Chen Chi-min, Deputy Chair, Fair Trade Commission: “Businesses experiencing operating difficulties as a result of the economy or certain circumstances may apply to the Fair Trade Commission for immunity under Article 15; however, this application must be prior to any (concerted) action undertaken by the business.”

The Fair Trade Commission said that although there is immunity for a joint price increase, it must be reported to the Commission for review and approval before any price increase is undertaken or the companies will be fined. Those snorkeling businesses that accidentally stepped on the red line and were fined consider appealing or petitioning to county councilors. If the outcome is still the same, they can only reluctantly accept.

潛入水中，欣賞小琉球海底生態。新冠肺炎疫情影響，小琉球曾在2021年5月至8月間，一度全面停止浮潛。同年8月下旬重新開放，卻被檢舉到公平會，說業者重新開放後聯合漲價，從原先每人浮潛費300、350元，漲到400元。公平會調查的確有聯合行為，參與的21家業者，每家罰10萬到15萬元不等，累計裁罰235萬元；促成這次聯漲的小琉球觀光協會，則罰15萬元。

小琉球觀光協會理事長許博翰指出：「（有業者）稍微微調價錢，均因這個防疫成本，那屬實不知道說會有影響到後續這公平交易委員《公平交易法》。」

小琉球浮潛業者田教練表示：「這種300塊、400塊（的小數目），而且我們又不是真的是壟斷，我們是為了要做我們防疫的效果，然後訂出來這個標準給你看。這個我們是真的很莫名其妙，真的。」

業者說，漲價是因應防疫增加的成本，調幅也不是很高，卻被罰款相當無奈。公平會強調，聯合漲價的行為就是法律明定禁止，向來裁罰很重，這次考量業者受疫情衝擊，已採低度裁罰。

公平會副主委陳志民說明：「因為景氣或是一些型態，使得經營上的困難，事實上是可以依照《公平法》第15條的規定，來事先跟公平會，來提出一個申請豁免的動作。但是這個動作，必須在事前提出。」

公平會強調，聯合漲價雖有豁免權，但是得在漲價前先通報公平會，並經審核准許才不用罰。這次踩紅線遭罰，業者考慮申訴或向民代陳情，若還是照罰也只能無奈接受。