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(영문) 서울고등법원 2016.12.01 2015누42161

시정명령및과징금납부명령취소

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1. The lawsuit in this case shall be dismissed with respect to the claim for cancellation of an application for reduction or exemption

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. The Plaintiff et al. and D Co., Ltd. (hereinafter “D”) are those engaged in the business of manufacturing and selling explosives, both of which are business operators under Article 2 subparag. 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter “Fair Trade Act”).

(b) Definition, classification and opening of the domestic industrial powders market: 1) Powders shall be divided into solid and liquid explosive materials or compounds thereof which can easily cause combustion or explosion if heat or shock is made, and powders, explosives and fire-processed articles (including detonating fuses, detonating cap, powder powder powder, etc., and which play the role of emitting powders or explosives) (hereinafter referred to as “industrial powders” for explosives and fire-processed articles among powders.

(2) Since 1952, the Plaintiff’s market for domestic industrial powders was monopolyed, but D entered the domestic industrial powders market in around 1993, and the competition system was established between the two companies.

On the other hand, E Co., Ltd. (hereinafter “E”) newly entered the domestic industrial powder market around 2002, but from around 2006, it was acquired in D on December 31 of the same year.

After that, the domestic industrial powders market is returned to the original system of the plaintiff and D.

3) From 1999 to 7:3 p.m., the Plaintiff and D share the domestic industrial powder market at approximately 7:3 p.m., E account for the market share of 0.3% to 2.6% prior to its establishment and acquisition to D. The annual market share is as listed below: (unit: %) classification 1999 to 2001 2004, 2004, 2005 to 71.372.375. 75. 76.9. 75.7. 28.7. 24.7. 28.7. 24. 28 - 23.8 - 23.8 - 23.5 - 23.5 - 1999 to 2001. 204 to 76. 75. 205. 207. 76. 207

(c) for domestic industrial purposes;