As for the existence of an agreement among companies, a condition to
establish a cartel, the KFTC held that the introduction and increase of fuel
surcharges through meetings by flight routes or individual communications
was a result of meeting of the minds aimed to maximize their profits, and that
such behavior translated to enterprisers' reaching an agreement to fix and
maintain prices in collusion as provided in Article 19 Paragraph (1) Item 1 of
the MRFTA.
3) KFTC’s decision
The KFTC determined that the twenty-one (21) carriers restricted
competition in the air cargo service market by introducing or changing fuel
surcharges in collusion. It imposed corrective orders to cease and desist from
such behavior against the twenty-one (21) carriers, along with total fines of
KRW 124.3 billion against nineteen (19) carriers and warnings against two
(2)350. 351