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2005년도 상반기 독점규제법 관련 판결 회고In Retrospect of Supreme Court Cases Decided During the First Half of the Year 2005
- Other Titles
- In Retrospect of Supreme Court Cases Decided During the First Half of the Year 2005
- Authors
- 권재열
- Issue Date
- Sep-2005
- Publisher
- 한국상사판례학회
- Keywords
- 불공정거래행위; 부당지원행위; 사업자단체; 불이익제공; 공동행 위의 추정; 기타의 거래거절; unfair trade practice; unfair assistance to a person with a special interest or other companies; trade association; act giving disadvantage to a transacting partner; presumption of an unfair collaborative act; individual refusal to deal
- Citation
- 상사판례연구, v.18, no.3, pp.387 - 408
- Journal Title
- 상사판례연구
- Volume
- 18
- Number
- 3
- Start Page
- 387
- End Page
- 408
- ISSN
- 1225-0392
- Abstract
- The purpose of this Study is to review 7 cases decided by the Korean Supreme Court during the first half of the year 2005. Among 7 cases, 3 are concerned with unfair assistance. The Court holds that the undertaking of newly-issued shares by paying substantially higher price than market price is a kind of unfair assistance to a third party. Regarding the regulation of a trade association, the Court states that the regulation aims at prohibiting the unduly restriction of a trade association on the practices of its member enterprisers. According to decision on January 28, 2005, giving disadvantage to a transacting partner is banned when it possibly hamper the fair competition. The Korean Supreme Court holds that a presumption of a collaborative act is overturned in case that the collusion is made as a result of administrative guidance. Also, the Court holds that the rule of reason is applied to individual refusal to deal.
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