2015년 경제법 중요 판례

A Study on the main cases in Antitrust Law in 2015. In 2015, some noticeable cases are rendered by Korean Courts and Korea Fair Trade Commission in the Antitrust law area. Microsoft and Nokia meager case was resolved by the consent decree. This is a first case where consent decree was applied to a merger case in Korea. Number of IP and Antitrust cases were decided here and there in our planet after the Samsung v. Apple case was dropped in Korean court. ① Korean Supreme Court 2015. 9. 10. 2012Du18325 decision declared a ruling that, when the consumer was involved in the abuse of business position §23 (1) 4), KFTC has to prove that the act has something to do with the consumer as a whole, not to a specific consumer at issue. ② Supreme Court 2015. 10. 29. 2013Du23935 decision declared that even after KFTC penalized a act which is prohibited by Fair Trade Act, Financial Supervisory Commission can make another sanction based upon the Insurance Business Act. ③ In Supreme Court 2015. 7. 9. 2013Du26084, Supreme Court decided that bid rigging itself is per se illegal without having any special circumstances which can justify its act considering the wordings and context, legislative history of it. ④ In Supreme Court 2015. 1. 29. 2014Du36112, Supreme Court determined that in dealing with the Fair Trade Act §23 (1) 7), the normal price assessment based upon the comparison with the similar transaction should be made after a reasonable adjustment of the bench mark price. The burden of proving the reasonableness of the normal price is located at the KFTC. ⑤ (1) When the leniency was made with two different steps of actions by KFTC, then the last action has to the act to be revoked. (2) To file a leniency is to be interpreted as a action of withdrawal form the cartel(Supreme Court 2015. 2. 12. 2013Du987 decision).