시장지배적 지위 남용 관련 현대자동차 사건에 대한 비판적 고찰 - 대법원 2010. 3. 25. 선고 2008두7465 판결 -

In the 2007 POSCO Case, the Supreme Court declared that the Fair Trade Commission (FTC) must prove any anticompetitive effect of the act in question in the relevant market to establish the violation of Article 3-2 (1) (iiii) which prohibits undue hinderance of other undertaking’s business as one type of abuse of dominant position. In the 2010 Hyundai Motor Car (HMC) Case, the Supreme Court opined that HMC abused its market power against its consignment-contract agencies by suspending or denying the requests from its selling agencies that wanted to move its location, or to registrate its new salespersons. However, in the HMC Case, it is clear that FTC has never proved any anticompetitive effect of HMC’s acts in the question in the domestic passenger cars and small trucks market which was recognized as the relevant market. According th the logic of the HMC Case, HMC maintained and strengthened its dominant position in its own distribution network against its consignmentcontract’agencies. However, first of all, HMC had reasonable business reasons for suspending or denying the requests from its agencies that wanted to move its location, or to registrate its new salespersons. Second, it does not make sense that HMC tried to exclude consignment-contract agencies in order to monopolize its own distribution network by the acts in question. For these reasons, the HMC Case can not be confirmed with the jurisprudence of 2007 POSCO Case that required FTC to prove anticompetitive effects in the relevant market.