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| Guidelines for Reviewing Cases Involving Enterprise's Voluntary Cessation or Correction of Violating Acts | Guidelines |
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1. [Purpose]
These Guidelines are prescribed to deal with cases involving those enterprises that voluntarily cease or correct acts which violate the Fair Trade Act (the Law) prior to the disposition by the Fair Trade Commission (the Commission).
Unless otherwise provided by relevant laws or regulations, those cases referred to in the preceding paragraph shall be dealt with in accordance with these Guidelines.
2. [Where an enterprise voluntarily ceases or corrects its violating act
.....prior to the investigation or complaint]
Where an enterprise has voluntarily ceased or corrected the violating act prior to the Commission's investigation on its own initiative or based on a complaint, the Commission may stop the investigation or decide not to make any disposition, unless the violating act seriously affects the trading order or is a concerted action that has been implemented.
3. [Where an enterprise voluntarily ceases or corrects its violating act
.....after the investigation has commenced]
Where an enterprise voluntarily ceases or corrects the violating act after the Commission commences the investigation on its own initiative or after a complaint, the Commission shall, as a matter of principle, make a disposition in accordance with the Law.
4. [Violations of the Law by a trade association or other business
.....organization prior to or after the implementation of the Law]
Where a trade association or any other business organization has not abolished the uniform pricing policy or any restriction on the business activities of its members prior to the Commission commences the investigation on its own initiative or prior to a complaint, the case shall be dealt with in accordance with the following, if such trade association or business organization voluntarily abolishes such policy or restriction afterward:
5. [Commencement of an investigation by the Commission on its own
..... initiative]
An investigation shall be considered to have been commenced on its own initiative for the purpose of these guidelines from the date when the necessary administrative process is completed and registered with the secretariat of the Commission.
6. [Commencement of a complaint transferred from another government
.....agency]
A complaint shall be considered to have been made by another government agency for the purpose of these guidelines from the date when it is received by the secretariat of the Commission.