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(영문) 대법원 2015.09.10 2012두23297
시정명령 등 취소청구의 소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) provides, “No enterpriser shall agree with other enterprisers to engage in, or cause other enterprisers to engage in, any of the following acts that unfairly restrict competition (hereinafter “unfair collaborative act”) by contract, agreement, resolution, or any other means.” As to the ground of appeal No. 9, an act other than those under subparagraphs 1 through 8, which practically restricts competition in a particular business area by hindering or restricting business activities or business activities of other enterprisers (including those engaged in such act).”

On November 14, 2008, when five composite cable broadcasting business operators including the plaintiffs (hereinafter referred to as "SO business operators") are anticipated to enter the television broadcasting business operators (hereinafter referred to as "IPTV business operators") in the television broadcasting service market on November 14, 2008, the lower court acknowledged that, under the intention of prohibiting the program providers (hereinafter referred to as "PP business operators") from supplying the broadcast programs to the IPTV business operators, the lower court imposed sanctions on the media operators of the PP business operators who entered into a contract to supply the broadcast programs to reduce the broadcasting channels, and on the condition that the CP business operators, who are the PP business operators, did not supply the broadcast programs to the IP TV business operators, agreed to provide the Internet media with an opportunity to support the amount of 2.5 billion won (hereinafter referred to as "the agreement in this case"), and then recognized the fact that the CP business operators agreed to provide the broadcast programs to the PP business operators.

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