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| TITLE | Supreme Court Decision 2020Du48505 Decided July 28, 2022 【Revocation of Corrective Order and Penalty Surcharge Payment Order】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Requirements to see that some enterprisers who agreed to jointly engage in an unfair collaborative act terminated such act stipulated in Article 19(1) Subparags. 4 and 8 of the former Monopoly Regulation and Fair Trade Act [2] Where an enterpriser who jointly engaged in an unfair collaborative act has reported voluntarily on the fact of the unfair collaborative act legally to the Fair Trade Commission of the Republic of Korea for the purpose of the reduction for voluntary reporters, etc. prescribed in Article 22-2 of the former Monopoly Regulation and Fair Trade Act, whether the filing date of the voluntary report may be deemed a time of termination of the unfair collaborative act (affirmative in principle) Where an enterpriser who jointly engaged in an unfair collaborative act has reported voluntarily on the fact of the unfair collaborative act to the foreign competition authorities, whether the date on which the voluntary report was made to the foreign competition authorities can be immediately seen as a time of termination of the unfair collaborative act (negative) [3] Where two of three enterprisers that participated in illegal cartel conduct are recognized to have withdrawn from the illegal cartel conduct, whether the illegal cartel conduct should be seen to have been terminated (affirmative) | |
