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| TITLE | Supreme Court Decision 2012Du13665 Decided May 16, 2014【Claim for Revocation of Corrective Order, etc.】 [full Text] |
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| Summary | |
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[1] Whether “an agreement to take action to restrict competition unfairly” prohibited under Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) includes an implicit agreement (affirmative), and the method of proving the existence of an agreement [2] The meaning of “where it affects the domestic market” under Article 2-2 of the Fair Trade Act and the criteria for its determination; and in a case where the targets of enterprisers’ agreement restricting competition include the domestic market, whether Article 19(1) of the Fair Trade Act can be applied (affirmative in principle) [3] Where the designated airlines on the pertinent route form an agreement about air freight fare, etc., according to Articles 117(1) of the former Aviation Act and the Aviation Service Agreement between the Government of the Republic of Korea and the Government of Japan, and it includes restriction on discounts on a certain item beyond modifications to the flight fare scheme, whether it can be seen as “a legitimate action carried out pursuant to the law or orders by the law” under Article 58 of the Fair Trade Act (negative) [4] Whether the Fair Trade Act’s application may be limited for the sole reason that the foreign enterpriser’s action abroad affecting the domestic market is permissible under foreign law, etc. (negative), and the cases in which the Fair Trade Act’s application may be limited in the said circumstance and the standard of its determination |
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