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(영문) 서울중앙지방법원 2015.11.26 2015고단5549

독점규제및공정거래에관한법률위반

Text

Defendant

A and B Co., Ltd. are punished by a fine of KRW 150 million, and Defendant C Co., Ltd. is punished by a fine of KRW 70 million.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “B”) and Defendant C Co., Ltd. (hereinafter referred to as “C”) are corporations established for the purpose of manufacturing and selling portable butane gas, respectively. Defendant A is the representative director and the controlling shareholder of B and C.

B and C have absolute market power such as possessing more than 70% of the domestic carbon gas market on the basis of H's public awareness map, which is a main product (as a result, the share of domestic and global carbon gas market) and have influence on the success failure of domestic carbon gas market collusion.

No business operator shall agree with other business operators to jointly engage in any act of unfairly restricting competition by determining, maintaining, or changing the price of a product, or cause any other business operator to engage in such act, in accordance with a contract, agreement, resolution, or any other method.

1. Defendant A

A. In 2007, Defendant A agreed to conduct a specific and practical agreement on the price of portable carbon in the future with Q, the controlling shareholder and the highest manager of K and its selling corporation L Co., Ltd. (hereinafter “L”) as a dominant shareholder and the highest manager of K, portable butane gas manufacturing chain N Co., Ltd. (former O Co., Ltd.) and P Co., Ltd. (hereinafter “P”), a selling corporation (hereinafter “P”), in the first half of the year in Gangnam-gu Seoul, by mutual consultation with Q, the controlling shareholder and the highest manager of the K Co., Ltd. (formerO Co., Ltd.) and its selling corporation P Co., Ltd. (hereinafter “P”).

Accordingly, in 2007, Defendant A operates R as a regular manager at “J restaurant” as of the mid-term mid-term 2007, and pursuant to the above M, which operates L’s electrical S with the above M, which operates L’s general manager, and Q, which operates P’s regular business, together with the above Q, the above Q, which controls the competition of portable butane gas prices, and determines the price by mutual consultation, Defendant A has specified and reaffirmed the agreement, and he also has a V hotel located in Gangnam-gu Seoul Metropolitan Government U on February 21, 2008.