Fair Trade Law Q&A - Other Restrictive Trade Practices

What constitutes "preventing competitors from participating or engaging in competition with improper means" under Article 20 of the Fair Trade Act?

"Preventing competitors from participating or engaging in competition with improper means" refers to conduct whereby an enterprise employs low-price inducements or other improper means to hinder competitors from entering, participating in, or continuing to compete in the market. Its purpose of such conduct is to hinder competitors from participating in or engaging in market competition by harming competing businesses or depriving them of trading opportunities. Whether the means employed are "improper" should be determined through a comprehensive assessment of the undertaking's motives, purposes, methods, and etc.

Relevant Provision: Article 20 of the Fair Trade Act