It is not easy for the plaintiffs to deny an agreement between businesses in the cartel case if there are direct evidences, such as written documents, records of executives¡¯ conversation and leniency applicant¡¯s testimony. Therefore, the plaintiff may deny the existence of an agreement in cartel lawsuits, especially when there is a tacit agreement....
APCCThe purpose of this paper is to introduce the case of the Supreme Court in 2016, which has problems under the competition law such as the subcontract laws without considering cartel. The precedent maintains the previous position. Especially, the strict standard on prohibition of unfair collaborative acts and calculating total amount of sales in reb...
APCCThe objective of the Patent Act is to grant an exclusive right by preventing others from using, making, selling for those purposes patented invention without the patentee¡¯s permission. However, if the use of a patent belongs to misuse, the Patent Act does not protect the use of the patent, and the Monopoly Regulation and Fair Trade Act (hereinafter...
APCCNowadays, computers and the internet are very important in everyday life. The convenience created by technology innovation leads to a computer-related environment. Commercial transaction depends on computer and other information technology, and competition laws need to develop new research methods to keep pace with the new trend. As computers becom...
APCCAn MFC clause designed to respond to market failures can be used in an online environment to facilitate unfair collective actions or to strengthen the market dominance or transactional position of a retail platform with considerable control in two-sided markets characterized by indirect network effects.
However, since there is a possibili...
Competition law is the fundamental legal foundation of the market economy, and its enforcement has had a significant impact on the market. However, it is not easy to balance between over-enforcement and under-enforcement.
In the enforcement of the Monopoly Regulation and Fair Trade Act (MRFTA), the Korea Fair Trade Commission (KFTC) has es...
The industrial change closely related to the fact that the online platform market is at the center of industry is an advent of the web-based economy. The web-based economy has emerged in the replacement of the PC-based economy. To understand the competition law issues in the online platform market, Microsoft case, involving the use of the company¡¯s...
APCCAlthough competition law has been actively debating over the exercise of Standard-Essential Patents (¡°SEPs¡±), there has been little discussion about the non-SEPs in the Korean competition law. Article 59 of the Monopoly Regulation Fair Trade Act(¡°MRFTA¡±), which is modeled after Article 21 of the Japanese Antimonopoly Act, exempts reasonable exercis...
APCCIn developing and configuring standards, the Standard Setting Organizations (¡°SSO¡±) are required to incorporate very limited proprietary technologies (patent) into the Standard Essential Patent Technology Groups (¡°SEP¡±) for the purpose of eliminating duplicate license fees and reducing the amount of royalties paid to the SEP. During the standard-se...
APCCThe basic goal of the Patent Act is to grant exclusive rights to a patentee preventing others from making, using, offering for sale, selling, or importing for those purposes the patented invention. However, if a patent is misused that restrains trade beyond enforcing such exclusive rights, the Monopoly Regulation and Fair Trade Act (MRFTA) will be ...
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