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| TITLE | Supreme Court Decision 2020Du36892 Decided November 28, 2024 【Lawsuit Seeking Revocation of Correction Order, etc.】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of an “act of presenting conditions that are unreasonable in light of normal transaction practices to the other party to a transaction” defined as one of the abusive practices of market-dominant positions in the standards for reviewing “abusive practices of market-dominant positions” publicly notified by the Fair Trade Commission and, in such a case, standard of determining “normal transaction practices” [2] Where the transaction practices are deemed to be in line with desirable competition order even if the transaction practices are not consistent with actual transaction practices, whether the transaction practices can be recognized as “normal transaction practices,” which underlies the constitution of abusive practices of market-dominant positions (affirmative) and in such a case, method of determining what corresponds to normal transaction practices that are deemed to be in line with desirable competition order [3] Meaning of “acts not recognized as a legitimate exercise of copyright” subject to the application of the above Act under the contrary interpretation of Article 59 of the former Monopoly Regulation and Fair Trade Act and method of determining whether to correspond thereto Matters to be considered when determining whether a copyright holder’s demand for compensation for access to or use of their work corresponds to the act of presenting an unreasonable condition in light of normal transaction practices [4] Where a vertically integrated market-dominant business entity, who simultaneously supplies essential raw materials and other resources for production activities to downstream market business entities in the upstream market and produces and sells products or services based on those raw materials in the downstream market, sets prices for raw materials in the upstream market at levels high enough to exclude competing business entities in the downstream market or the entry of new business entities is substantially blocked due to such prices, whether the price of the raw materials be considered an unfair condition that is unreasonable in light of normal transaction practices that are deemed to be in line with desirable competition order (Affirmative) | |
