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Korean supreme court holds rule of reason analysis applies to resale price maintenance practices

Overview

In an unprecedented ruling, the Korean Supreme Court held on November 25, 2010 that minimum resale price maintenance practices should be allowed in limited circumstances where justified.

Unlike maximum resale price maintenance practices, minimum resale
price maintenance practices have to date been deemed per se illegal under the Monopoly Regulation and Fair Trade Law by the Korea Fair Trade Commission.

Kim & Chang discusses the impact of this ruling.