2023년 경쟁법 중요판례평석

Among the Supreme Court rulings sentenced in the field of competition law in 2023, 9 judgments were selected and reviewed. Notable rulings in the area of the Monopoly Regulation Act relate to the abuse of market dominant position by standard essential patent holders, such as the Qualcomm II case where the Fair Trade Commission imposed the largest fine in history, the obstruction of business activities dealing with the question of whether a labor union of port workers can be regarded as a business operator and the Taekwang case in regard to the involvement of a specially related person in the undue benefit provision behavior. In addition, in the cases of violations of the Subcontracting Act, various issues under the administrative law, such as disposition related to the imposition of penalty scores and restrictions on bidding qualifications, violations related to the division of the company and succession of the penalty scores effect, were contested. In the area of the Terms and Conditions Regulation Act, it was questioned whether an online platform operator such as Booking.com could be viewed as an offeror of the terms and conditions in that Act. Although in-depth analysis has not been done, I hope that this article will help many people understand those judgments in the field of competition law.