TITLE	¡¼Syllabus of Latest Opinion¡½Supreme Court Decision 2018Du37700 Decided June 30, 2021 ¡¼Lawsuit for Claim for Revocation of Corrective Order, etc.¡½ [full Text]
Summary
¡¼Syllabus of Latest Opinion¡½ Supreme Court Decision 2018Du37700 Decided June 30, 2021 ¡¼Lawsuit for Claim for Revocation of Corrective Order, etc.¡½ ¡¼Main Issues and Holdings¡½ [1] Where competitors may be excluded as a market-dominant business entity in the vertically integrated upstream market unfairly supplies goods or services at the lower price than the arm¡¯s length price through a margin squeeze conducted in the manner of lowering the retail price of complete products in the downstream market, such act can be deemed as an act of abusing a market-dominant position, which is prohibited under the Act and subordinate statutes relevant to the monopoly regulation and fair trade (affirmative) [2] Meaning of ¡°the arm¡¯s length price¡± stipulated in Article 5(5)1 of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act [3] Standard and method for determining the injustice of ¡°an act of making a transaction to exclude a competitor business entity¡± prescribed in the former part of Article 3-2(1)5 of the Monopoly Regulation and Fair Trade Act [4] Matters to be considered when determining whether an act of abusing a position by means of a margin squeeze has injustice as ¡°a transaction which may exclude competitors by unfairly supplying goods or services at the lower price than the arm¡¯s length price¡± stipulated in the former part of Article 3-2(1)5 of the Monopoly Regulation and Fair Trade Act and Article 5(5)1 of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act

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