Supreme Court Rulings on Determining the Cartel End Date

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.