2021년 공정거래 주요 판례 회고

The attitude of Korean supreme court in 2021 verdict is characterized as placing emphasis on competition law regulation which is the exception of private autonomy. Ceo’s duty to monitor against cartel in the shareholder’s representative lawsuits, margin squeeze as the abuse of dominant position, the extension of statute of limitation in the Korean FTC’s fine and strict unfairness test in the cartel are all supported by the supreme court. The purpose of Large retail business act and franchise business act are supported when balancing the purpose of making the equal position between the supplier and the large business entity, franchiser and franchisee with the private autonomy. These tendencies show the awareness to economic reality and the direction of interpretation in the Korean supreme court.