The Asia-Pacific Antitrust Review 2012

Korea: Abuse of Dominance

01 March 2012

Posco was a landmark Supreme Court case in 2007 that crystallised the two elements of the offence of a dominance abuse (namely, the anti-competitive intent and the anti-competitive effect) and the enforcement agency’s burden to prove both. This year has seen the Supreme Court hand down two important judgments (namely, Gmarket1 and Melon2) that shed further light on the current body of law on both exclusionary and exploitative abuses. Both judgments echoed the Posco standard on exclusionary abuses. In addition, in Melon, the case that also implicated an exploitation issue (specifically, consumer harm), the Supreme Court applied a legal standard that contains the additional element of significant degree of harm to consumer welfare.