미국의 대외통상정책과 경쟁정책의 충돌, 조화

• 영문명: A Study into the Convergence of Foreign Trade & Competition Policy of the United States
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정호열(Ho-Yul Chung)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 51~80쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

Whilst antitrust encourages price competition and protects consumers by promoting competition between various producers in and out of United States, the trade policies are focussed on protecting US manufacturers from undue foreign competition. As is well-known, antitrust laws and trade acts of United States concurrently address price discrimination and predatory pricing, but each defines the term of "unfair" in different way and the practices of the concerned authorities for decades have been at odds. There have been strong arguments from antitrust practitioners that American antitrust and trade policies are in conflicts and operate in odds. The point of the arguments is that the current antidumping policies of United States provide domestic producers easily accessible remedies against efficient foreign competitors, resulting in the restraints of trade banned by Sherman antitrust act and doing substantial harms on the welfare of domestic consumer. Many suppose that foreign competition encroaches on US market and do harms on domestic producers and trade laws protect domestic manufacturers. But current antidumping laws could possibly harm competitive edges of US producers applying imported raw materials and component parts. After an brief overview of the developments of the doctrine of extra-territorial application of antitrust, this paper tries analyses into the sources of the disharmony between antitrust and trade policies of United States, and the procedural and substantial defects of existing American trade laws. Limits of resources and expertise of USTR, and no requirement for the exhaustion of local remedies are typically indicated as procedural defects, while lack of adequate standards for determining anticompetitiveness of trade practices, and easy permissions of anticompetitive practice allegations with fundamental defects are identified as substantial defects of Sec. This note also introduces various approaches in Unites States for the harmonization of antidumping and antitrust, and then finally makes some comments on the implications of these developments for Korean competition policy.

목차

Ⅰ. 서설

Ⅱ. 덤핑에 관한 대외통상정책과 독금법의 역외적용

Ⅲ. 통상법과 경쟁법의 충돌

Ⅳ. 통상정책과 반독점정책의 수렴

Ⅴ. 맺는말

참고문헌

[ABSTRACT]