시정명령및과징금납부명령취소
1. The Defendant’s corrective order and penalty surcharge payment order against the Plaintiff via the plenary session Resolution B on July 10, 2012.
1. Facts recognized;
A. The Plaintiff’s status is a corporation whose business purpose is information and communications business, information and communications apparatus sales business, etc., and which constitutes a business operator under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).
B. The structure and actual condition of the market (1) The domestic business entity manufacturing mobile phones (hereinafter “terminal”) has three companies, such as C Co., Ltd. (in the case of a corporation for convenience, the portion of “stock company,” among its corporate names), D, E, etc. (hereinafter collectively referred to as “three companies”) and the market share of the three manufacturers at the time of 2010 reaches approximately 85% in total.
However, it is an intelligent device that added computer support functions such as Internet communication and information search in the mobile phone function of smartphones manufactured by overseas business operators since 2009.
With the introduction of this, competition between manufacturers is deepening.
(2) Three companies, such as Plaintiff, F, and G (hereinafter collectively referred to as “three companies of mobile communications”) are competing in the current domestic mobile communications service market. The market share of three companies of mobile communications based on the number of subscribers shows higher status since 2007. The Plaintiff’s market share at the time of 2010 reaches approximately 50.6%.
(3) The relationship between a device and a mobile communications service is a device for the use of the mobile communications service, and both are essential supplementary materials.
For this reason, consumers generally enter into an agreement on the use of mobile communications services when purchasing a device from agents, sales stores, etc. (hereinafter referred to as “distribution network”).
In particular, in the case of domestic mobile operators, marketing that grants subsidies to mobile operators on the condition of subscription to mobile communications services is activated.