S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 15 Number 1/2 (2015/2016)
Supreme Court Rulings on Determining the Cartel End Date
- Yun, Seong Un; Moon, Sung Ho; Kim, Nam Woo
- Issue Date
- School of Law, Seoul National University
- Journal of Korean Law, Vol.15 No.1, pp. 57-72
- Cartel; Conspiracy; Statute of limitations; MRFTA; Abandonment of cartel; Withdrawal from cartel; End of cartel; End date of the cartel; Cartel duration; Antitrust; Competition
- 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.