In National Agricultural Cooperative Federation (NACF) v. Korean Fair Trade Commission (2009 decision), the Supreme Court opined that NACF¡¯s exclusive purchase rights of chemical fertilizers (CFs) from all manufacturers amount to undue exclusive dealing that restrain opportunities for competitors under Article 3-2(V) of the Monopoly Regulation and ...
APCCArticle 23 of the Monopoly Regulation and Fair Trade Act prohibits the ¡°abuse of superior bargaining power- a type of ¡®unfair trade practices¡¯¡±. The Korea Fair Trade Commission (the ¡°KFTC¡±), as the administrative body that has power to impose corrective measures and administrative fines on companies that concluded unfair contract terms and condition...
APCCThe Korean Monopoly Regulation and Fair Trade Act(¡°MRFTA¡±) prohibits conduct by one or more undertakings which amounts to an abuse of a dominant position(dominant undertakings). Accordingly, in a situation where a company in question is not in a dominant position, abuse of market dominance is hard to prove. In this sense, courts must decide whether...
APCCThe regulation of single conduct under the Monopoly Regulations and Fair Trade Act(¡°MRFTA¡±) is mainly due to abuse of market-dominant power and unfairness, and this dual regulatory system corresponds with the core and fundamental feature of the MRFTA. Also, the regulation of the illegality of unfair trade practices is based on foundations such as c...
APCCThe 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-Bo...
APCCGiven the use of abstract and comprehensive concepts, one may question whether ¡°an act that causes considerable harm to the interests of consumers¡± prescribed in the latter part of the Article 3-2 (1) 5 of the Monopoly Regulation and Fair Trade Act per se is not against the rule of clarity. However, in light of the limitations of legislative scheme...
APCCSince 1981, the enforcement of Monopoly Regulation and Fair Trade Act (hereinafter ¡°the MRFTA¡± or ¡°the Act¡±) has contributed greatly alleviating anti-competitive or unfair trade practices. However, the Act still does not play its role as a Magna Carta of market economy in Korea. Because it was hard to convert monopolistic or oligopolistic market st...
APCCThe purpose of setting merger notification thresholds is to determine the appropriate number of notifications and the jurisdictional limits of merger control. It is of paramount importance in the cases of multi-jurisdictional merger. Ways to delineate limits of national merger control consider its effective enforcement and possibility of sovereignt...
APCCIn 2008, the Korea Fair Trade Commission (¡°KFTC¡±) investigated alleged 10 years of price-fixing cartels, the four Ramen manufacturers. In 2012, the KFTC issued a cease and desist order that imposed huge fines on the companies. In response, the companies filed a lawsuit before Seoul High Court, which rejected the claim. They appealed to the Supreme ...
APCCIt is often explained that tensions have arisen between competition law and intellectual property law due to the difference in purpose and nature between the two systems. A person who has intellectual property rights has not only legal rights to access intellectual property rights but also exclusive rights to claim royalties for intellectual proper...
APCC