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Abuse of market dominance focuses mainly on the significance and standard of trading positions. However, it is meaningless to emphasize practical and theoretical trading positions. Because it is very difficult to investigate trading positions alone, and the actual trade relationship is not the trading position, but a matter of that degree. In some cases, the trading position is clear when determining the position, but in other cases it is unclear. If the trading position is ambiguous and the degree of disadvantage to the transaction partner is difficult, the trading position is clear, but there is a gray zone where the abusive behavior is ambiguous. In this case, it is important to determine how to judge a trading position or abusive behavior. In this regard, this paper focuses on how trading positions and abuses are interpreted in such ambiguous gray zones.

To solve the problem, it is not efficient to spend a lot of time and effort to prove one’s position in business, but rather focus on efforts to clarify abuses. This paper proves that not only are the factors for determining trading positions limited, but also ordinary transactions carried out on a sustainable basis. Therefore, in cases where the transaction position is ambiguous or where an act of abuse is deemed to be such an act that interferes with the independent and free judgment of the transaction based on the specific facts of the alleged act, the act is abusive. In addition, it stresses that the behavior of the disadvantage of obstructing the party’s free and independent judgment would be a disadvantage, as the act itself does not mean an economic disadvantage that can reveal the injustice. These restrictions are likely to be criticized for protecting the weaker party if the disadvantage is judged with regard to an economic balance between trading partners. However, it shows that there is a possibility of abuse of dominant position between large enterprises and small and medium-sized enterprises. That is not to protect the weak, but to protect the free trade of the market that promotes the fair and free competition.