부당한 공동행위 관련 최근 판례 법리의 검토
A legal Study on the review of recent judgements in relation to cartel case
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In 2010, some judgement of the Supreme Court have dealt with the enforcement of cartel and procedure of competition law, for example, the calculating method of the turnover or the process of exemption with the leniency system,legal effectiveness of the marker for the leniency applicant. Applying to provisions relating to cartel implementing procedures and sanctions, courts have strictly interpreted the discretion of KFTC with point of view of the rule of law. These judgements establishing case law should be proved more theoretically. KFTC should coordinate its rules in support of the meaning of the words of judgements. It makes the cartel enforcement more predictable and clearer.
Abstract
In 2010, some judgement of the Supreme Court have dealt with the enforcement of cartel and procedure of competition law, for example, the calculating method of the turnover or the process of exemption with the leniency system,legal effectiveness of the marker for the leniency applicant. Applying to provisions relating to cartel implementing procedures and sanctions, courts have strictly interpreted the discretion of KFTC with point of view of the rule of law. These judgements establishing case law should be proved more theoretically. KFTC should coordinate its rules in support of the meaning of the words of judgements. It makes the cartel enforcement more predictable and clearer.
참고문헌 (20)
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