[Abstract(Law)] A Brief Review of Compelling Disadvantage as an Abuse of Dominant Market Position
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The Supreme Court held for the first time in the case of POSCO (2007) abuse of market dominant position in antitrust cases and conditions for the unreasonableness of transaction. About a year later, the Supreme Court held for the second time on abuse of market dominant position that placed disadvantages to other businesses coercively, known as T-Board case. All of the relevant activities unduly interfere with the business activities of other enterprises, but their types and characteristics differ significantly. Nonetheless, the Supreme Court applied legal principles from the POSCO case to the T-Broad case.
However, with respect to the conventional meanings, unreasonable interference in others¡¯ business activities is likely to be an unfair transaction rather than restrictions of competition. Also, the grounds for each case cannot be the same. Accordingly, in addition to competition restrictions that applied to the POSCO case, unfair transactions can also be considered as a basis for regulation. In examining new cases of abuse of market dominance, it is recommended to establish criteria for judgment that reflect its characteristics based on general principles of legal interpretation. |
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