[Antitrust Disputes] EJE Law Achieved Successful Outcomes in Mediation before the Korea Fair Trade Mediation Agency

2020 August 20 1:40 오후

In June 2020, EJE Law achieved successful outcomes in a mediation case before the Korea Fair Trade Mediation Agency (the “KFTMA”) which a local agency brought against its supplier, a global manufacturing company, for violations of the Fair Agency Transactions Act and the Monopoly Regulation and Fair Trade Act. In this mediation case, the supplier’s acts is deemed to fall on the boundaries of the abuse of bargaining position, which lasted for a long period of time, and thus the evidence supporting the supplier’s violations as well as the illegality thereof were rather vague. Despite the foregoing, EJE Law successfully argued that the supplier abused its bargaining position in view of the totality of circumstantial factors, including changes in the product supply price and the level of stock, change of business partners/customers, etc., and as a result, our client could receive the KFTMA’s mediation decision awarding a considerable amount of compensation.

The above case is meaningful because it introduces mediation before the KFTMA as one of antitrust dispute resolution mechanisms in case where it is difficult to bring a civil action for insufficient evidence or proof of illegal act.