공정거래법상 시장지배적 지위의 남용에 대한 합리적 규제방안

• 영문명: A Device of Control on the Abuse of Market Dominant Position in the Monopoly Regulation and Fair Trade Act
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 원용수(Yong-Soo Won)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 645~666쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  This article has the objective of improving Korea"s Monopoly Regulation and Fair Trade Act by examining the contents of the regulation of the abuse of dominant position in the market under the U.S., EU, French and German competition laws.
  Recently, it is said that our legal system about the regulation of the abuse of dominant position in the market should be reasonably revised because of its defects. The fundamental causes of its defects are as follows:
  Section 23 of the Korea"s Monopoly Regulation and Fair Trade Act imitated Section 2 sub-section 9 of the Japan"s Monopoly Regulation Act which had modelled itself on the relevant U.S. Law. On the other hand, Section 3, 2 of the Korea"s Monopoly Regulation and Fair Trade Act imitated Section 22 of the German GWB instead of Section 3 of the Japan"s Monopoly Regulation Act which had inherited Section 2 of the U.S. Sherman Act. Owing to this fault in course of the succession of foreign law, unbalance has occurred in the Korea"s Monopoly Regulation and Fair Trade Act.
  In the application of the Korea"s Monopoly Regulation and Fair Trade Act, only a few cases on the abuse of dominant position in the market have taken place, whereas innumerable cases on the unfair trade act have appeared. In this regard, it is asserted by legal scholars that the dual regulatory system of unfair trade act and the abusive act of market dominant position should be modified into the unitary system. This opinion is strongly influenced by the Japan"s dispute which has been prevalent for some years.
  This study is composed of market dominant position, market dominant enterprise, the prohibition of the abuse of dominant position in the market and legal sanction on the abuse of market dominant position.
  Section 2 of Korea"s Monopoly Regulation and Fair Trade Act defines the concept of market domination enterprise in such a simple and clear manner. So a lot of legal scholars are of the opinion that there is something to be desired in the understanding of this Section. To successfully remove the cause of this ambiguity, it is necessary to study the relevant EU competition law which has developed in the elaborate manner. Because the case law concerning section 82 of the EU Antitrust Act leaves nothing to be desired. And advanced French competition law on the abuse of dominant position in the market will play an important role in improving our legal system in terms of the group of enterprises whose concept can be investigated in the field of corporate law.
  This study also focuses on the method of the inclusive stipulation on the abuse of market dominant position which is flexible in the interpretation of competition law. In this connection, French competition law is so typical.
  In conclusion, in order to develop our competition law, U.S. competition law, EU competition law, German And French competition laws should be carefully studied in the synthetic manner. Especially EU and French competition laws will be appropriate alternatives in obtaining the best method in this domain.

목차

Ⅰ. 서설
Ⅱ. 시장지배적 지위와 시장지배적 사업자의 개념
Ⅲ. 시장지배적 지위 남용의 금지
Ⅳ. 시장지배적 지위의 남용에 대한 제재
Ⅴ. 결어
【참고문헌】
【Abstract】

키워드

시장지배적 지위 시장지배적 지위의 남용 공정거래법 시장점유율 시장지배적 사업자 셔먼법 EU경쟁법 프랑스의 경쟁법 Market Dominant Position Abuse of Dominant Position in the Market Monopoly Regulation and Fair Trade Act Market Share Market Dominant Enterprise Sherman Act EU Competition Law French Competition Law