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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 of infringement from the date of the termination of the agreement although the terms set forth in the agreement has not been satisfied. In this sense, the Supreme Court recently confirmed that if the contract has no effect on competition, the fine will be limited and imposed from the date of termination of the bidding contract. Furthermore, even during the infringement, the whistle-blower is deemed to have withdrawn from the cartel, resulting in an end to the infringement of the whistle-blower. There has been no clear precedent for this issue. However, recently, the Supreme Court expressed its opinion as state before. From my perspective, the court’s views are reasonable because they lead to legal certainty.
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