복수의 사업자에 의한 부당한 출고조절행위와 제재의 공동책임

In the 'BCG Preventive Vaccine' case of the KFTC, two market dominant undertakings have gained unfair economic benefits by discontinuing the supply of low-priced goods(A Vaccine) and increasing the sale of high-priced products(B Vaccine), which have similar preventive function. Despite the competition between the two product suppliers, they were able to enjoy exclusive profits by adjusting the release of the products because the business operator who reduced the volume of the α vaccine by canceling the import is the same economic entity in which the same person actually controls the business. This case was sentenced to be illegal by the KFTC to make unfair benefits by adjusting the release of the item, taking advantage of the difference in price from similar items in the same market. Here, the problem of the joint liability against violations is borne by all companies as a single one, but the principle is that sanctions are imposed only on those who actually control the supplement. However, the KFTC's disposition imposed on undertakings who enjoy exclusive profits through the supply control act, although they did not perform by themselves, would be reasonable in terms of the effectiveness of the Act. It is necessary to revise laws and regulations on how to impose the joint liability.