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TITLE Supreme Court Decision 2010Du28915 Decided June 30, 2011 [Revocation of Order to Impose Fines] [full Text]
Summary
[1] In a case where enterprisers agreed on a basic set of principles for price collusion and implemented this through further specific agreements made on several occasions over a long period of time, thus establishing the entire series of agreements as a single unfair collusion, the conditions required to apply Article 35 (2) 1 and 2 of the Enforcement Decree of the former Monopoly Regulation and Fair Trade Act to allow the benefit for the leniency on such unfair collusion [2] In a case where enterprisers performed price collusion for their low-density polyethylene products on several occasions over a long period of time, and these acts as a whole were acknowledged as a single unfair collusion, the case affirming the ruling of the court below to acknowledge only the company Gap - the first participating party which provided evidence necessary to establish the above unfair collusion to the authority - as satisfying the requisites for reduction of corrective measures under Article 35 (2) 1 and 2 of the Enforcement Decree of the former Monopoly Regulation and Fair Trade Act
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