2008년 공동행위관련 판례의 동향

초록

In 2008, the courts made good number of decisions dealing with allegedly improper concerted acts under the Monopoly Regulation and Fair Trade Act(hereinafter 'Act'). Most of them are on appeals made against law enforcement decisions by the Fair Trade Commission. Few Of them, however, are particularly noticeable in terms of making new law or creating debates among competition law community. Many of them dealt with issues related to presumption of an agreement under the Act. 19(5) and calculating and levying surcharges for improper concerted acts. Courts generally followed the precedents on presumption of an agreements and made some meaningful progress on issues related to calculation of surcharges. In particular, the Supreme Court announced a couple of important rules clarifying starting and ending point of improper concerted act, and for deciding the number of improper concerted acts which are maintained for long period of time for the purpose of calculating and levying surcharge. Courts also announced some rules on new issues related with the leniency policy which competition authorities are actively pursuing globally.

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