2024.07.20. The Fair Economy — The Fair Trade Commission's win rate for finalized court judgments in the first half of 2024 was 90.7%.
The FTC analyzed trends in cases where courts rendered judgments in the first half of 2024 and announced the results on the 19th.
According to the analysis, a total of 43 cases had their court judgments finalized in the first half of 2024. The commission won 39 of these cases (including partial wins), recording a win rate of 90.7%.
Notably, the commission's full-win rate for the first half of 2024 was 83.7%, an increase of 11.9 percentage points from the 71.8% full-win rate in 2023. This level is also high compared to the preceding four years.
In terms of fine amounts, out of the 132.52 billion won in fines finalized for the commission's dispositions in the first half of 2024, the amount for which the commission won was 131.41 billion won, or 99.2%.
By sector, the commission achieved full wins in all 19 cartel cases in the first half of 2024.
In unfair trade practices, the commission fully won two out of three lawsuits and partially won one. In unfair support, it fully won two out of four lawsuits and partially won two.
Meanwhile, in subcontracting, the commission won eight out of nine lawsuits. In other litigation, including constitutional petitions, it won five out of eight cases.
However, the four losses by the commission in the subcontracting and other sectors involved cases where the commission had only imposed corrective orders, so there were no refunds of fines resulting from the court rulings.
Including the finalized judgment results for the first half of 2024, the commission has won 357 out of a total of 393 lawsuits (including partial wins) with finalized judgments over the past five years (2020-2024), recording a win rate of 90.8% by number of cases.
By fine amount, the legality of dispositions was confirmed for 1.8844 trillion won, or 94.9%, of the 1.986 trillion won in fines with finalized judgments over the past five years.
A total of 69 cases had verdicts pronounced by courts in the first half of 2024. The commission won 60 of these (including partial wins), recording a win rate of 87.0%.
Key examples of cases where the commission won among the judgments pronounced by courts in the first half of 2024 include Google's abuse of dominant market position (fine of 224.9 billion won), unfair support by affiliated companies of the Harim business group (fine of 4.9 billion won), and unfair joint action by alternator manufacturers and sellers (fine of 7.8 billion won).
Regarding these analysis results, the commission self-assessed that it was able to maintain a high win rate in administrative litigation for the first half of 2024 through efforts spanning investigation, deliberation, and litigation stages.
It added, "Since losses in some cases could undermine trust in the FTC's overall orders, we plan to strengthen our ability to prove legal violations at the investigation stage, enhance the quality of decisions at the deliberation stage, and make every effort to increase the win rate through substantive responses at the litigation stage."
It also said, "Of the 69 cases where courts rendered judgments in the first half of 2024, 26 are currently being reviewed by the Supreme Court due to appeals, so we will actively respond to ensure that the courts ultimately recognize the legality of the FTC's orders."
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