Unfair competition practices that are prohibited are as follows:
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- Trade secret infringement in the following forms: (a) Assessing and acquiring trade secrets by going against security measures of the owner of such trade secrets; (b) Disclosing or using trade secrets without consent of the owner.
- Forcing customers or business partners of other enterprises through threatening or coercion so that they do not enter in transaction or stop transaction with such enterprises.
- Discrediting competitors through directly or indirectly providing untruthful information about such competitors which negatively impacts their goodwill, financial status or business operation.
- Disrupting competitors’ business through directly or indirectly interrupting or disrupting their legitimate business operation.
- Illegally luring customers through: (a) Providing false or misleading information to customers about the enterprise or products, services, sale promotion programs, transaction conditions related to the products or services provided by the enterprise to attract customers of competitors; (b) Comparing products, services of the enterprise with those of the same kinds of competitors without evidence to prove the comparison.
- Sale of goods and services below cost that drives or probably drives competitors out of the market.
- Other prohibited unfair competition practices prescribed in other laws.
An enterprise shall be considered to hold the monopoly position if there is no enterprise competing on the goods or services dealt in by such enterprise on the relevant market.
Anti-competitive agreements include:
- Agreements on directly or indirectly fixing goods or service prices.
- Agreements on distributing customers, consumption market, sources of supply of goods, provision of services.
- Agreements on limiting or controlling the quantity, volume of produced, purchased, sold goods or provided services.
- Agreements for one of more parties to the agreements to win tenders when participating in tenders for supply of goods or services.
- Agreements on preventing, restraining, disallowing other enterprises from entering the market or develop business.
- Agreements on abolishing from the market enterprises other than the parties to the agreements.
- Agreements on restricting technical or technological development and investments.
- Agreement on imposing on other enterprises conditions for signing of goods or services purchase or sale contracts or forcing other enterprises to accept obligations which have no direct connection with the subject of such contracts.
- Agreements on not trading with enterprises other than the parties to the agreements.
- Agreements on restricting consumption market, sources of supply of goods and services from enterprises other than the parties to the agreements.
- Other agreements that cause or may cause anti-competitive effects.
Anti-competitive practices mean enterprises’ practices that cause or may cause anti-competitive effects, including anti-competitive agreement, abuse of a dominant position on the market and abuse of monopoly power.
Anti-competitive effects mean the effect of eliminating, reducing, distorting or deterring competition on the market.
Anti-competitive agreement means arrangements made by parties in any form, which causes or may cause anti-competitive effects.
Abuse of a dominant position, abuse of monopoly position means behavior of enterprises with dominant position, monopoly position which causes or may cause anti-competitive effects.
“Unfair competition practices” means competition acts performed by enterprises against the principles of good faith, honesty, business norms and standards, which cause or may cause damage to the legitimate rights and interests of other enterprises.
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