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Article 45 (Prohibition of Unfair Trade Practices) |
(1) | No business entity shall perform any of the following acts that are likely to hinder fair trade (hereinafter referred to as "unfair trade practices") or cause its affiliate or any other business entity to perform such acts: |
1. | Unfairly rejecting a transaction; |
2. | Unfairly discriminating against the other party to a transaction; |
3. | Unfairly excluding a competitor; |
4. | Unfairly enticing a competitor's customer to make transactions with the business entity itself; |
5. | Unfairly force a competitor's customer to make transactions with the business entity itself; |
6. | Making transactions with the other party to the transaction by unfairly taking advantage of the bargaining position of the business entity itself; |
7. | Making transactions under the terms and conditions that unfairly restrict business activities of the other party to the transaction; |
8. | Unfairly disrupting business activities of other business entities; |
9. | Unfairly assisting a related party or another company by doing any of the following acts: |
(a) | Providing provisional payments, loans, human resources, real estate, securities, goods, services, intangible property rights, etc. for the related party or another company or make transactions with the related party or another company under substantially advantageous terms and conditions; |
(b) | Making transactions through a related party or another company, acting as an intermediary, that does not play a practical role in the transaction, although it is substantially advantageous to make direct transactions of goods or services with another business entity; |
10. | Doing any other act that is likely to hinder fair trade. |
(2) | Neither any related party nor company shall accept any assistance that might constitute the act prescribed in paragraph (1) 9 from any other business entity. |
(3) | The types of, and criteria for, unfair trade practices shall be prescribed by Presidential Decree. |
(4) | The Fair Trade Commission may establish and publicly notify guidelines to be observed by business entities, where necessary to prevent a violation of paragraph (1). |
(5) | A business entity or a trade association may voluntarily establish a covenant (hereinafter referred to as "fair competition covenant") to prevent unfair customer attraction. |
(6) | A business entity or a trade association may request the Fair Trade Commission to examine whether its fair competition covenant is in violation of paragraph (1) 4. |