Qualcomm alleged that the licensing provision should not be seen as unfair, since such provision had not been and was not likely to be implemented in the future as well. But the act of imposing an unfair condition itself was considered abuse of its dominant position. Based on such grounds, the KFTC decided that such conduct by Qualcomm was illegal in violation of Article 23 Paragraph (1) Item 4 of the MRFTA, which prohibits the “act of engaging in a trade with its transacting partner by unfairly taking advantage of its position in the business area