The part of the lower judgment against Plaintiff A Incop is an act of offering conditional rebates for RF chips.

The grounds of appeal are examined.

1. As to the ground of appeal by the plaintiff Ainco World

A. As to the requirements for establishing exclusive dealing, the former part of Article 3-2(1)5 of the Monopoly Regulation and Fair Trade Act (hereinafter “the Act”) provides for “an act of making a transaction to unfairly exclude a competitor” as an abuse of a market dominant position by a market dominant enterpriser, and Article 5(5)2 of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (hereinafter “Enforcement Decree”) provides for “an act of making a transaction with a transaction partner on the condition that the transaction partner does not make a transaction with a competitor” as one of the acts in question.

Here, the term "requirements not to deal with a competitor" includes cases where it is established by an agreement with the opposite contractual party, not only where a market dominant enterpriser is imposed unilaterally and compulsorily by a market dominant enterpriser.

In addition, the "act of trading on condition that it does not deal with a competitor" includes the case where the fulfillment of the conditions itself is not limited to the case where the fulfillment of the conditions is legally enforced, but includes the case where the actual force or binding force is granted to the observance of the conditions.

Therefore, it cannot be viewed that the case where the opposite contractual party is practically unable to make another choice without complying with the conditions is naturally excluded.

The reasons are as follows.

First, it is difficult to see that the text of the law is premised only on the case where the legally binding force is granted to comply with the conditions.

Furthermore, the case where a binding agreement with a competitor is concluded, such as the so-called “exclusive transaction contract,” which is widely recognized as a formal requirement of an exclusive transaction, and the case where a certain profit is provided without a transaction with a competitor, and where a certain disadvantage is given if a transaction is conducted on the contrary.