Track Record
Featured cases and achievements of HANBYOL LAW LLC.
[Antitrust] LG Electronics wins all cases related to abuse of dominant position
http://www.yonhapnews.co.kr/bulletin/2015/10/25/0200000000AKR20151025026100004.HTML?input=1195m
http://www.fnnews.com/news/201510251821010483
1. The Seoul High Court 2015. 10. 21. LGThe former filed a lawsuit against the KFTC for a corrective order and other disposition cancellation request(Seoul High Court2014Nu49790)in the manuscript LG and granted summary judgment in favor of plaintiffs dismissing all of the former's claims: 0pt; font-family: Arial; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">((, For the Defendants).
2. The above incident is LGfor the former's abuse of dominant positionin the latter's, specifically, LGLGin the sale of built-in appliances manufactured by the former to domestic construction companies through the intermediation of its sub-distributors, and unfairly shifting the risk of collecting payments from some less-than-creditworthy contractors and small builders to sales agents(()is a case about. Sub-distributors' LGwith a very high reliance on electronic(LGElectronics has the largest domestic share of built-in home appliances1The above companies), the life and death of the agents in these companies is in fact dependent on their dominant position in the transaction: 0pt; font-family: human; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">LGwas on the former side: 0pt; font-family: Arial; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">, using this to conduct an unfair trade by writing contracts that were ostensibly voluntary joint and several endorsement agreements of the respective agents.
3. 3: 0pt; font-size: 11pt; mso-font-width: 100%; mso-text-raise: 0.0pt; mso-fareast-font-family: human;">① ① Prohibition of disadvantageous provisions such as bonding requirements(Corrective Order), ② ② Modification or deletion of any agreement relating to the Solidarity Guarantee(Modification or deletion of any agreement relating to the bond), ③ Fines $1,865,000,000and disgorgement of the source.
4. About LGThe former is ① argument that the plaintiff cannot be said to be in a dominant position in its relationship with the dealership, ② and , and that there was no actual disadvantage to the dealers: 0pt; font-family: human-serif; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">, ③ that the penalty in this case was excessively high, constituting an abuse of discretion: 0pt; font-family: human; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">On May 15, 2014, he filed a lawsuit in the Seoul High Court: 0pt; font-family: human-made; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">(().
5. But, the Seoul High Court recently rejected all of the above arguments of the plaintiffs and, and.
- The above incident is part of an ongoing "arm's length"". Built-in appliances are a very low transaction cost for individuals and, and. In this process, specialized agencies are employed to lobby construction companies and close deals(For the built-in appliance market, LG, the former gained market share 53% of the market share: 0pt; font-family: HCI; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">1of the above operators: 0pt; font-family: HumanMade; font-size: 11pt; mso-ascii-font-family: HCI Poppy; mso-font-width: 100%; mso-text-raise: 0.0pt;">. Note 2The above Samsung Electronics market share for built-in home appliances 24% to 30% of the market share of Samsung's built-in appliances, which is LGand).
The use of dominant position to improperly transfer transactional risk is a common type of unjustified transfer of transactional risk, and provides information on the conduct of joint and several liability agreements and, and(CSR)(CSR)(CSR).

