구속조건부거래행위의 법리 - 공정위 2000. 11. 15. 제2000-163호 의결사건을 중심으로 -

• 영문명: A Case Study on Transaction Based upon Restrictive Conditions
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정호열(Ho-Yul Chung)
• 간행물 정보: 『비교사법』비교사법 제11권 2호, 513~530쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

This paper tries an in depth review of KFTC's recent decision on a business transaction between pizza franchiser(DPK International Co. Ltd) and its franchisees that restricts on business areas of each franchisee. DPK International had strongly prohibited its franchisees from delivering pizza to clients that belongs in geographical terms to other franchisee. DPK International argues that these restriction on business area is closely tied to its basic policy of "30 minutes delivery guarantee", and that 30 minutes policy tied with business area restriction of each franchisee guarantees the clients in time delivery of fresh baked pizza. DPK International also argues that business area allotments promote inter-brand competition and provides each franchisee a more stable business environments. In its illegality tests, Korea Fair Trade Commission employed a rule of reason approach, and such facts as market position of DPK International, promotion of inter-brand competition whilst restraining intra-brand competition, effects of business area restriction on consumer welfare, and viability of alternative business policy to '30 minutes delivery guarantee' are closely studied. KFTC concluded that business practices of DPK International constitute "transaction with others on terms and conditions which unreasonably restrict their business activity" as stipulated in the first half of subparagraph 5 of Article 23(1) of Antimonopoly and Fair Trade Act. Along with the review, this paper introduces various decisions on business transaction with restrictive conditions rendered by KFTC, JFTC, and US Courts.

목차

Ⅰ. 머리말

Ⅱ. 사실

Ⅲ. 피심인의 항변 혹은 쟁점사항

Ⅳ. 쟁점에 관한 공정위의 판단

Ⅴ. 유사 사례

Ⅳ. 논의 및 평가

Ⅶ. 맺는말

참 고 문 헌

【ABSTRACT】