
Legal Q&A
Q
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A competitor of ours has recently monopolized raw materials at an unreasonable price, and because of that, our production and even our sales have suffered considerable damage. However, upon looking into it, I found that this too could be subject to a report of unfair trade. Can monopolizing raw materials in this way also be subject to punishment? I would like to know how to report unfair trade and what disposition will be imposed later.
report of unfair trade
Answer
Published:
Author : DongIl PARK
Unjustly purchasing at a high price also constitutes a kind of act to exclude competing businesses, so it can be regarded as an unfair trade practice.
According to Article 45 of the Monopoly Regulation and Fair Trade Act, an act that unfairly excludes a competitor is specified and prohibited as a clear unfair trade practice.
In addition, unfairly enticing customers through deception or improper benefits, or abusing a transactional position to compel purchases or the provision of benefits, may also constitute unfair trade practices.
Examples of Unfair Trade Practices
▶ Concerted refusal to deal
▶ Discriminatory treatment, such as price discrimination and discrimination in transaction terms
▶ Exclusion of competing businesses, such as unjust high-price purchasing
▶ Obstruction of business activities, such as unjust use of technology
If this applies, you can file a report of unfair trade with the Fair Trade Commission, and if a violation of the Monopoly Regulation and Fair Trade Act is recognized, corrective measures and a penalty surcharge may be imposed.
In addition, if the violation of the Monopoly Regulation and Fair Trade Act is also recognized criminally, it can be punished by imprisonment for up to 3 years or a fine of up to 200 million won.
For some matters, such as unfair enticement of customers and coercion of transactions, the level of punishment is imprisonment for up to 2 years or a fine of up to 150 million won, so it can be relatively light.
If you wish to report unfair trade, I recommend that you obtain advice from a specialized attorney in order to accurately understand the situation and proceed.

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DongIl PARK
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