독점규제법사건 2002년 대법원판결에 대한 연구

Abstract

In this article, the author analyses recent Korean Supreme Court decisions about antitrust cases. The Court ruled that the presumption clause in the Monopoly Regulation and Fair Trade Act is for the legal presumption but not for the factual presumption. The Court noteworthily declared that price leadership, if substantiated, may rebut the presumption of agreement. The author criticizes the Court’s opinion that actual reduction of competition is prerequisite for the presumption of agreement. Such a ruling would make the presumption clause ineffective.