Q
Market manipulation is a violation of the Capital Markets Act, right? Can damages be claimed for this as well?
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We just held an event to attract customers, but a competitor reported us to the Fair Trade Commission claiming we engaged in unfair trade practices. Since our company is small, I'm not sure if we're responding appropriately to the FTC investigation. If we receive even a fine, the company could be in danger. What measures are taken if you're found to have engaged in unfair trade practices?
capital markets act violation
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作者: 김국일
Investors who have suffered damage due to capital markets act violations such as market manipulation can claim damages under the "Financial Investment Services and Capital Markets Act."
First, if you bought, sold, or commissioned the trading of stocks or derivatives at prices formed due to market manipulation, the damage caused by such trading is subject to a claim for damages.
In addition, even if not directly the relevant security, if you suffer damage by investing in other securities or related assets affected by the price due to market manipulation, compensation may also be recognized.
Furthermore, even if you hold a financial product where rights are exercised or settled according to a specific price or index, and you suffer damage due to a distorted price caused by market manipulation, compensation claims are also possible.
However, for damages to be recognized, it is important to prove the causal relationship between the market manipulation act and the damage.
That is, it must be objectively proven that the price was distorted due to the relevant violation and that losses occurred as a result.
In addition, there is a statute of limitations for the right to claim damages.
If the investor does not file the claim within 2 years from the date they became aware of the market manipulation, or within 5 years from the date the market manipulation occurred, the right may be extinguished.
In conclusion, if you have suffered damage due to capital markets act violations such as market manipulation, while damages claims are legally possible, securing evidence and managing the statute of limitations are very important.
Therefore, it is desirable to secure transaction details, the market price flow at the time, related disclosures and investigation materials, etc., and then review legal responses together with an expert.
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