공정거래법상 수직적 공동행위의 규제에 관한 연구A Study on Regulation of Vertical Cartels under the Korea Anti-Monopoly and Fair Trade Act
- Other Titles
- A Study on Regulation of Vertical Cartels under the Korea Anti-Monopoly and Fair Trade Act
- Authors
- 이호영
- Issue Date
- 2011
- Publisher
- 한국경영법률학회
- Keywords
- 독점규제 및 공정거래에 관한 법률(the Korea Anti-Monopoly and Fair Trade Act); 수직적 공동행위(vertical cartel); 수직적 합의(vertical agreement); 부당한 공동행위(improper cartel); 공동행위(concerted conduct); 단독행위(unilateral conduct)
- Citation
- 경영법률, v.21, no.4, pp.563 - 596
- Indexed
- KCI
- Journal Title
- 경영법률
- Volume
- 21
- Number
- 4
- Start Page
- 563
- End Page
- 596
- URI
- https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/169379
- ISSN
- 1229-3261
- Abstract
- The currently debated issue of regulating unilateral conducts under the Korea Anti-Monopoly and Fair Trade Act (the KAFTA or the Act) is closely related to the issue of regulating vertical cartels under the Act. So far, the law enforcement against the improper cartels under the Act by the Korea Fair Trade Commission has focused solely upon horizontal agreements. Such law enforcement was presumably affected by the law enforcement against improper restraints under the Japan by the Japan Fair Trade Commission. However, this does not have any statutory ground in the KAFTA nor competition policy justifications.
Such law enforcement approach to improper cartels under the Act may make vague the fundamental distinction between concerted conducts and unilateral conducts and cause serious problems in the competition law regulatory system under the Act. It may make the regulation of improper cartels incomplete and cause unnecessary confusion on regulating unilateral conducts under the Act.
Regulating vertical cartels is one of the urgent tasks not only for improving law enforcement against improper cartels under the Act, but also for having the overall competition law regulatory system more advanced.
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