Lee & Ko Seminar on the 'Analysis of Key Competition Law Court Precedent from the Second Half of 2021 and the First Half of 2022'

On November 15, 2022, Lee & Ko held an online seminar on the ‘Analysis of Key Competition Law Court Precedent from the Second Half of 2021 and the First Half of 2022.’

During the online seminar, experienced attorneys specializing in competition law analyzed the implication of key competition law court precedent during three sessions. 

In the first session, Mr. Byong Ki Chung discussed ‘Key Court Precedent in Collusion,’ where he presented five major cases including the 2014 Korean Medical Association Strike, the Korean Pediatricians Association Moonlight Children’s Hospital and Animal Feed collusion cases and on two other cases involving shareholder derivative litigation. Mr. Chung examined the topics of anti-competitiveness of group action in the medical services market, the criteria for deciding whether actions by business associations are prohibited, prior to the revision of the Monopoly Regulation and Fair Trade Act (“MRFTA”), whether the exchange of information between competitors could be permissible prior to the revision of the MRFTA, shareholder derivative litigation for collusion (involving the CEO), the criteria for determining the liability of management (including outside directors) for compensatory damages and the need for establishing internal compliance controls.

In the second session, Ms. Miji Lee discussed ‘Key Court Precedent in Unfair Trade Cases’ examining the Supreme Court’s first ruling on corporations providing unreasonable benefits to special parties (family members of conglomerate owners), and future enforcement trends and precautionary measures for practitioners.  

In the third session, Lee & Ko lawyer discussed ‘Further Key Court Precedent’ providing an analysis on the Supreme Court’s first ruling on exclusions for the application of the ‘Act on Fair Transactions in Large Retail Business’ and examined in detail the criteria for determining whether there is a superior bargaining position. Ms. Han then presented on the ‘Act on Fair Labeling and Advertising Act,’ explaining the criteria for judging false advertising for ads involving discounts and the meaning of the Supreme Court precedent on the exclusion period.