2022년 공정거래 주요 판례 회고

Abstract

If the competition law aims to properly order the national economy, it acts in reality as a modification and limitation of private autonomy. The Supreme Court's attitude in 2022 seems to be based on literary interpretation and actively utilize teleological and historical interpretations. This is due to the fact that the interpretation of prohibition of Unfair Benefits Provision to Related Parties requires unfairness requirements but only suggests that the criteria for intensifying ownership concentration through anomalous wealth transfer and the exclusion period of unfair display is viewed as the date of elimination. The concerns of the Supreme Court appear in the following points. In other words, it maintained a conventional attitude in information exchange collusion, did not recognize the effect of leniency to foreign competition authorities and denied unfairness in vertical transaction restrictions while considering the EU Gore ruling in the Gore-Tex case and Philips case.