2012년 경제법 중요 판례

Korean Supreme Court(KSCt) rendered a number of meaningful cases on antitrust law area including, but not limited to the Monopoly Regulation and Fair Trade Law(MRFTL). Most of the decisions were made based upon the precedent case laws. However, some cases contains new case laws which make a impact to the practice and academia. KSCt rendered debatable decisions on the necessity of market definition in case of cartel matters. KSCt required market definition prior to the decision as to the unfairness of the cartel even in the case of hardcore cartel(2010Du11757). In the event when the first leniency applicants’ position were denied by KFTC later on, the applicant can argue the deposition by the KFTC by administrative lawsuit. This is first case recognized by KSCt(2010Du3541). KSCt denied the passing-on defence in case of cartel related civil damage litigation. This also is first case rendered by KISCt(2010Du93790). KSCt denied the noerr exemption in the case when the cartel participants followed government’s informal instructions(2010Du10471).