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(영문) 서울고등법원 2014.11.21 2012누33869 (1)

과징금부과처분 등 취소

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1. The proviso of paragraph (1) and paragraph (3) of the attached Table 1, which the Defendant rendered to the Plaintiff via Resolution B on July 10, 2012, are applicable.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business operator under Article 2 subparagraph 1 of the Monopoly Regulation and Fair Trade Act, who engages in manufacturing and selling communications machinery, tools, etc. (hereinafter “the Act”).

(b) Market structure and actual condition 1) A mobile phone terminal (hereinafter referred to as “terminal”) on the current domestic mobile phone manufacturing market;

(1) In the manufacturing market, C Co., Ltd., the Plaintiff, and D (hereinafter collectively referred to as “three manufacturers”) are domestic manufacturers, and the Co., Ltd. is omitted from all the names of the companies.

As of the year 2010, the company formed a three manufacturers' competition system, including where the total share reaches approximately 85%. Meanwhile, since 2009, smartphones are entering into overseas mobile devices such as E, etc., and competition is deepening. The market share in the domestic mobile devices manufacturing industry in 2008 is 50% C50% in 2009, 51% in 2010, A26% in 2010, A28% in 20% in 14% E 13% in 20% in 13% in 20% in 4% in 7% in 4% in G 43% in 2% in 4% in 2% in 2% in 2009, and the market share in H, I, and 4% in 3% in 207 in 207 in 207.

Mobile Service Market share (based on the number of subscribers) in 2006, 2007, H 50.5% 50.5% 50.5% 50.6% 50.6% 132.1% 31.5% 31.5% 31.3% 31.6% J 17.5% 18.0% 18.0% 18.0% 18.1% 17.8% 3% 3% 2007, 2008 means the support or support of the purchase cost of a device to the mobile operator under the terms of the contract to use the mobile communications service.

The Korea Communications Commission's regulation on subsidies for mobile devices is a regulation on mobile operators and does not apply to the manufacture of mobile devices.

The Korea Communications Commission shall grant a subsidy for the terminal in June 200.