메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
이봉의 (서울대학교)
저널정보
중앙대학교 법학연구원 法學論文集 法學論文集 제41권 제2호
발행연도
2017.8
수록면
147 - 170 (24page)
DOI
10.22853/caujls.2017.41.2.147

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
Since the POSCO decision of 2007, the discussion on the illegality of a conduct by a market dominant undertaking has almost disappeared. The identity of abuse seems to be clarified in terms of “effects-based approach” or in a broader sense “the economic approach”. The POSCO decision would, however, not be an ending credit, but a beginning for further chaos. In recent, the Korean Supreme Court had several chances to reveal its own conception on anticompetitive effects required to prove exclusionary abuse in subsequent cases. Especially in Hyundai/Kia Motors cases, the Court held that their own distributors and independent dealers were in actual competition and through the challenged conducts like refusal to approve re-location of the latter, etc. such a (economically unthinkable!) competition or competitiveness of a small number of the latter would be hampered. In any economic sense, such factors cannot be conceived as a proxy for lessening of competition. Rather, the anti-competitiveness in practices contains “business difficulties” of that interfered company, which does not have nothing to its demerits or inefficiency. It is also problematic that the Korea Fair Trade Commission(hereafter “the KFTC”) and the courts tend to deal the cases related with market dominance uniformly as monopolistic abuses rather than those of superior position. However, market dominant and superior position can exit compatibly and the KFTC should at first differentiate between the two, considering the unique nature of those conducts challenged. In Hyundai/Kia Motors cases, for example, the independent dealers were thoroughly controled by the Hyundai/Kia Motors and not likely to shift their trading partners to other motor manufacturers in a sufficient degree. Hyundai/Kia Motors had abused such a relative superior position just on their own exclusive dealers. In this context, it is suggested in this article that the POSCO decision should not be interpreted strictly in terms of effects-based concept or naive economic theory, but normative judgements based on the purpose of abuse control should guide the competition authorities to identify more diverse figures of anticompetitive effect. In this way, the effects doctrine could fully cover the possible anticompetitive aspects of an abuse under the competition law regime of Korea.

목차

등록된 정보가 없습니다.

참고문헌 (29)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0