On February 28, 2019, EJE LAW secured a Supreme Court ruling fully revoking a KRW 16.8 billion surcharge imposed on an automotive parts manufacturer for alleged cartel conduct. The key issue in this case was whether the Korea Fair Trade Commission’s (KFTC) imposition of the surcharge was time-barred due to the expiration of the statutory prescription period.

This case is particularly significant as it established judicial standards on how to determine the starting point of the prescription period under the Fair Trade Act, especially in situations where one or more cartel participants voluntarily report the conduct. The decision clarified the court’s interpretation of the statutory limitation period for the imposition of surcharges in cartel cases.