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Supreme Court Rulings on Determining the Cartel End Date

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Authors
Yun, Seong Un; Moon, Sung Ho; Kim, Nam Woo
Issue Date
2015-12
Publisher
School of Law, Seoul National University
Citation
Journal of Korean Law, Vol.15 No.1, pp. 57-72
Keywords
CartelConspiracyStatute of limitationsMRFTAAbandonment of cartelWithdrawal from cartelEnd of cartelEnd date of the cartelCartel durationAntitrustCompetition
Abstract
Since the very nature of cartels is to operate in ways that are undisclosed and difficult to track, it is often a matter of heated dispute in courts as to when a cartel has ended or been abandoned. Moreover, the cartel duration is a critical issue because it affects not only the level of sanctions imposed, but also the damages amount sought against the cartelists. The Korean Supreme Court has issued several important rulings regarding this matter, but there still remain areas where further guidance and clarification would be beneficial. Thus, this article explores the relevant Korean Supreme Court rulings and concludes that it is time for the highest court to further articulate the legal test for determining the ending date of a cartel in an effort to eliminate legal uncertainty and establish clearer guidance for market participants.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/97149
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 15 Number 1/2 (2015/2016)
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