As for the duration of the contract, the cartel terminates if the infringement ceases to exist or the duration of the contract expires under the Korean case law. The same rule also applies to a ¡°single, overall agreement.¡± In general, this principle is the same as ¡°bid-rigging.¡± However, in some other cases, it may be possible to set the cessation ...
APCCThis paper raises practical issues concerning the calculation of administrative fines against unreasonable concerted acts based on the analysis of the theoretical approach and decision-making practice of the Supreme Court of Korea. The main points of this paper can be summarized as follows:
First, the purpose of imposing administrative fi...
In October 2011, the Supreme Court upheld the Seoul High Court¡¯s ruling (2007Nu8623, June 8, 2007), which ruled that the plaintiff SK Telecommunication (¡°SKT¡±), the provider of mobile telecommunications services and online music service Melon, neither abused its market-dominant position in mobile telecommunication market to restrain competition nor...
APCCUnreasonable interference with business activities is a kind of unfair trade practice prohibited under Article 23 of the Monopoly Regulation and Fair Trade Act(¡°MRFTA¡±), and it is extremely difficult to distinguish between illegal and unreasonable interference by aggressive pro-competitive business practices that the Act should encourage. In partic...
APCCThe purpose of this paper is to examine whether the unilateral regulations under the Korean competition law, namely the Monopoly Regulation and Fair Trade Act (¡°MRFTA¡±), have converged or deviated from the new international competition law. Therefore, this paper is divided into three parts: (1) investigation of the meaning of ¡°anti-competitiveness...
APCCEconomic debate continues as to whether an acquisition, even if it lacks control or influence, may still have anticompetitive effects under certain circumstances. There are arguments that an acquiring company with non-controlling interests (also referred to as ¡®minority interest¡¯) may raise or decrease prices (unilateral effects), or that there may...
APCCArticle 19(1) of the Monopoly Regulation and the Fair Trade Act (¡°Fair Trade Act¡±) stipulates enterprisers shall not jointly engage in any of the act that unfairly restrict competition (¡°unfair collaborative acts¡±) or allow enterpriser to perform such unfair collaborative acts by means of contracts, agreements, resolutions or any other means.
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The debate on regulating search biases by dominant search engines has been heating up both on the domestic and international level. This debate was approached from various of aspects, including competition laws, political rights and the protection of small and medium-sized companies. However, the debate was mostly focused on the competitive aspects...
APCCThe fact that competition laws are being enforced in the online service market, including the recent international investigations on the recent privacy breaches of Google, a leading Internet portal, demonstrates the importance of personal information in the digital age. For example, Internet portal carriers like Google are largely dependent on onli...
APCCEven if existing regulations are maintained, the ¡°regulatory sandbox¡± system was introduced as a means of flexibly operating regulations on market entry and testing. Special Act on Promotion of ICT Convergence (hereinafter referred to as the ¡°ICT Convergence Act¡±), which requires the introduction of the regulatory sandbox system, was enacted on Sep...
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