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(영문) 서울고등법원 2013.02.07 2012누16529
시정명령 등 처분취소
Text

1. Of the lawsuit filed by Plaintiff NONS Korea Co., Ltd, the Defendant, as the Decision No. 2012-074, May 6, 2012.

Reasons

Details of the disposition

The Plaintiffs and Korea Electric Cable Co., Ltd., LSS Co., Ltd., Gaon Cable Co., Ltd., Ltd., Mangjin Holdings Holdings Co., Ltd., Ltd., 201 Modern Cable Co., Ltd., Ltd., KONCCBS Co., Ltd., KONCS Co., Ltd., KONCS Co., Ltd., KONCS Co., Ltd., 34 companies, Samwon Electric Cable Co., Ltd., Ltd., Ltd., and, in the company’s trade name, “stock company, etc.” is omitted; where a company is divided or merged or its trade name is changed, the company is a manufacturer of heavy voltage and low voltage electric power vessels, and the Korea Electric Cable Industry Cooperatives (hereinafter “Electric Cable Co., Ltd.”) is a nonprofit incorporated association under Article 2 subparag. 4 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) with the aim of promoting the sound development of the electric cable industry and promoting mutual profits among the members.

Although 300 companies participate in the domestic cable market, the upper 5 companies' market share at 60.4% (ELS 26.7%, 17.6% of the Korean Electric Cable, 6.5% of the Japanese Electric Cable, 6.5% of the Korean Electric Cable, and 3.1% of the Plaintiff Es Cable, when based on the sales at the end of 2007.

The Defendant’s disposition: (a) in order to prevent the price decline due to competition in the tender for the purchase of electric power lines conducted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) from August 24, 1998 to September 11, 2008 by the Plaintiff, etc. (hereinafter “Korea Electric Power Corporation”); (b) in order to prevent the price decline due to the competition in the tender for the purchase of electric power lines conducted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”); (c) large enterprise group (hereinafter

(B) Since 2006, Jindo Holdings and Plaintiff ES Wire were added (hereinafter referred to as “the five large companies”).

[2] Large enterprise group and small and medium enterprise group and small and medium enterprise group.

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