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(영문) 서울고등법원 2014.02.06 2012누24735 (1)
시정명령 등 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status as an information and communications business entity is a business entity under subparagraph 1 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. The C Co., Ltd. (hereinafter “C”) which is a domestic manufacturer in the manufacturing market of mobile phones and mobile phone market status (1) the current domestic mobile phone manufacturing market status of mobile phones (hereinafter “phones”) (hereinafter “Co., Ltd.”), D, E (hereinafter “three manufacturers”) has reached approximately 85% in total as indicated in the following table 1:

On the other hand, since 2009, smartphones for overseas manufacture are being introduced, competition is deepening.

In Schedule 1, in 2008, C 50% C 51% 52% D 26% 20% E 14% 14% 7% G 5% G 4% 2% and 5% 5% 6% 6% in the domestic mobile communication service market in the current situation of the domestic mobile communication service market, as shown in Table 2 below, the Plaintiff, H, I (hereinafter “three mobile communication”) forms three competitive systems.

In Table 2, the market share of the mobile communications service market (based on the number of subscribers) in 2006 in 2007, 2007 H 50.5% in 2009 50.5% in 2009 50.6% in 2009, 50.6% in 50.6% in 32.1% in 31.5% in 31.5% in 31.3% in 31.6% in 17.5% in 18.0% in 18.0% in 18.1% in 17.8% in 17.8% in 2006, consumers in relation to the mobile communications service and the device can enjoy benefits from the use of the mobile communications service and the device without any need to be supplemented.

For this reason, it is common that the distribution network such as the shipping agency is combined with the mobile communication service and the device.

In Korea, the mobile carrier mainly takes charge of wholesale distribution of mobile devices as follows.

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