Article 36 (Designation of Unfair Trade Practices)
The types of and criteria for unfair trade practices as per Paragraph (2), Article 23
(Prohibition on unfair trade practices) of the Act are specified in Appendix 15
.
[Appendix 1] Types of and Criteria for Unfair Business Practices (Related to Article
36, Paragraph (1))
2. Discriminatory Treatment
"Unreasonable discrimination against certain transacting partners" stipulated in the
second half of Subparagraph 1 of Article 23 (Prohibition on Unfair Business Practices)
Paragraph (1) of the Act means as follows:
(1) Price discrimination: Unreasonably, depending on the transacting partner or
transacting territory, one transacts at a significantly favorable or unfavorable price.
(2) Discrimination in terms and condition of transaction: Unreasonably, one
discriminates terms and conditions, such as quantity or quality, significantly favorable or
unfavorable toward a certain Enterprise.
(3) Discrimination in favor of affiliated corporations: Without justifiable reasons,
discriminating trading terms and conditions, such as price, quantity or quality,
significantly favorable or unfavorable toward certain partners in order to benefit affiliated
corporations.
(4) Collective discrimination: A group unreasonably discriminates for or against a certain
enterprise, thereby putting such Enterprise at a significant advantage or disadvantage.