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TITLE Supreme Court Decision 2008Du16322 Decided June 10, 2011 [Claim for Cancellation of Correction Order, Etc.] [full Text]
Summary
[1] The meaning of a ""relevant commodity market,"" and criteria to define the scope of this, as a basis for determining whether a specific enterprise is in a market dominant position [2] Criteria to determine the ""unfairness"" of transactions conducted upon the condition of excluding competitive enterprisers, as an act abusing one's market-dominating position defined under Article 3-2 (1) 5 of the former Monopoly Regulation and Fair Trade Act and Article 5 (5) 2 of the Enforcement Decree for this Act [3] In a case where the company Gap demanded upon seven vendors who sold their goods both on the open market it operated and an online shopping mall operated by the company Eul, for these vendors to either lower their prices on its open market or raise their prices on Eul's online shopping mall, and also threatened to remove all merchandise placed by the seven vendors from its main screen if they did not remove their goods from Eul's online shopping mall, against which the Fair Trade Commission issued a corrective order and imposed surcharge on the grounds that Gap's acts constituted an abuse of its market-dominating position by attempting to enforcing exclusive dealing, the case holding that the judgment of the court below had erred in law by misapprehending legal principles when it ruled these acts as constituting illegal exclusive dealing to exclude competitive enterprisers, without first establishing the unfairness of these acts
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