2005년도 상반기 독점규제법 관련 판결 회고

Abstract

The purpose of this Study is to review 7 cases decided by the Korean Supreme Court during the first half of the year 2005. Among 7 cases, 3 are concerned with unfair assistance. The Court holds that the undertaking of newly-issued shares by paying substantially higher price than market price is a kind of unfair assistance to a third party. Regarding the regulation of a trade association, the Court states that the regulation aims at prohibiting the unduly restriction of a trade association on the practices of its member enterprisers. According to decision on January 28, 2005, giving disadvantage to a transacting partner is banned when it possibly hamper the fair competition. The Korean Supreme Court holds that a presumption of a collaborative act is overturned in case that the collusion is made as a result of administrative guidance. Also, the Court holds that the rule of reason is applied to individual refusal to deal.