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| TITLE | [Damages]Seoul Central District Court Decision 2007Gahap90505 Decided June 11, 2009 [full Text] |
|---|---|
| Summary | |
| [1] Criteria for determining whether the main goods and subordinate goods are separate goods, when determining whether an act of including subordinate goods in sales of main goods constitutes a combination sale act [2] Whether payment for subordinate goods is a requirement for establishing the abuse of market dominance (negative) and the criteria to determine coercion of a sale, when determining whether the combination sale of main goods and subordinate goods falls under the scope of Article 3-2 (1) 3 of the Fair Trade Act [3] Whether a payment is required for the establishment of a tie-in sale among unfair business practices under Article 36 (1) [Appendix 1] 5 (a) of the Enforcement Decree of the Fair Trade Act (affirmative) [4] In case where the enterpriser with the unequaled market dominance at the PC operation system market sold the PC operation system with the messenger included, it was held that it constitutes an act of unreasonably hampering another enterpriser's business activities, an act that may considerably harm the interest of consumers, and a tie-in sale as one of unfair business practices among the abuse of market dominance under the Fair Trade Act. [5] The bearer of a burden of proving a causation between violation and occurrence of loss, in case where the victim who suffered losses due to violation of the Fair Trade Act seeks compensation against the violator (= the victim) [6] The case holding that a causation between the combination sale and the loss is not found, in case where the claimant sought compensation with the claim that he/she suffered losses from the liquidation of a messenger business due to market dominant enterpriser's combination sale of PC operation system and messenger | |
