KFTC announces lawsuit trends in the first half of this year
Full victory rate increased by 11.9%p from last year
99.2% of total fines recognized as lawful
“26 out of 69 cases being reviewed by the Supreme Court” , ‘[Herald Economy=Reporter Yang Young-kyung] The Korea Fair Trade Commission (KFTC) reported that in the administrative lawsuits filed against KFTC decisions in the first half of this year, a complete victory rate of 83.7% was recorded. This means that about 8 out of 10 cases validated the legality of the decisions. Regarding total fines, 99.2% were recognized as legitimate.’,
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, ‘On the 19th, the KFTC announced that this result was based on the analysis of 43 cases where court decisions were finalized in the first half of this year.’,
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![The façade of the Korea Fair Trade Commission in Sejong where the ruling takes place [Yonhap]](https://imgnews.pstatic.net/image/016/2024/07/19/20240719050165_0_20240719100110215.jpg?type=w647)
The façade of the Korea Fair Trade Commission in Sejong where the ruling takes place [Yonhap],
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, ‘The full victory rate in the first half of this year (83.7%) increased by 11.9 percentage points from last year (71.8%). It is at a high level compared to the previous 4 years, which were 70.9% in 2020, 82.0% in 2021, 70.9% in 2022, and 71.8% in 2023. The victory rate including partial victories was calculated at 90.7%.’,
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, ‘In terms of fines, of the total fines of 132.522 billion won confirmed for the first half of this year, the amount that KFTC won was determined to be 131.41 billion won (99.2%). This excludes the fines for cases where property assessment is currently underway.’,
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, ‘Some of the major cases in which KFTC received final decision victories include ▷ Unfair collusion by precast concrete (PHC) pile manufacturers and sellers (fine of 61.7 billion won), unfair support actions by Changsin ENC (347 billion won) ▷ Unfair support actions by Hanwha Solutions (72 billion won), and more.’,
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, ‘In the cartel sector, all 19 cases in the first half of this year resulted in complete victories. In the unfair trade (3 cases) and unfair support (4 cases) sectors, there were 2 complete victories each. Partial victories were recorded as 1 case and 2 cases, respectively.’,
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, ‘In the subcontracting sector (9 cases), there were 8 victories and 1 defeat, while in other sectors including constitutional petitions (4 cases), there were 5 victories and 3 defeats. KFTC explained that in the cases where KFTC was defeated in the subcontracting and other sectors (4 cases), only corrective orders were imposed, and there was no refund of fines according to court rulings.’,
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![Status of KFTC's litigation victory rates over the past 5 years [Korea Fair Trade Commission provided]](https://imgnews.pstatic.net/image/016/2024/07/19/20240719050166_0_20240719100110220.jpg?type=w647)
Status of KFTC’s litigation victory rates over the past 5 years [Korea Fair Trade Commission provided],
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, ‘Looking at the 69 cases handed down in the first half of this year, regardless of finality, KFTC’s complete victory rate was 78.3% and the victory rate including partial victories was 87.0%.’,
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, ‘Some of the major cases in which KFTC won in court rulings in the first half of this year include ▷ Google’s abuse of dominant market position (224.9 billion won) ▷ Unfair support by Harim group’s affiliated companies (49 billion won) ▷ Unfair collusion by alternator manufacturers and sellers (78 billion won), and more.’,
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, ‘KFTC stated that including the results of rulings confirmed in the first half of this year, it was shown that out of 393 lawsuits litigated over the past 5 years, 296 cases (75.3%) resulted in complete victories. The victory rate including partial victories was 90.8%. In terms of fine amounts, out of 1.986 trillion won over the past 5 years, 1.884 trillion won (94.9%) was recognized.’,
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, ‘Kim Hyun-joo, head of the KFTC Litigation Department, said, “Out of the 69 cases that were ruled on by the courts in the first half of this year, 26 cases are currently being reviewed by the Supreme Court through appeals and other processes,” and added, “KFTC will actively respond to ensure that the legality of KFTC’s decisions is ultimately recognized by the courts.”.’,
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