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TITLE Supreme Court Decision 2013Da212066 Decided March 27, 2014【Damages】 [full Text]
Summary
[1] The purport of prohibiting an act that induces customers by offering unfair benefit under Article 23(1)3 of the Monopoly Regulation and Fair Trade Act and Article 36(1) [Attachment Table 1-2] 4(a) of the Enforcement Decree of the same Act, and the standards by which to determine unlawfulness of inducing competitors’ customers
[2] Where Company A advertised by using the phrase “no need to rely on expensive imported cosmetics; contains 80% fermented liquid yeast,” upon launching a new fermented essence product, and held an event of offering regular-sized fermented essence in exchange for Company B’s empty fermented essence bottle, the case holding that the court below rendered the above advertisement and event do not constitute an “act of inducement by unfair benefit”
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