미국 독점금지법 준수를 위한 “반독점법 준수프로그램(Antitrust Compliance Program)”의 효용성과 그 내용에 대한 실무적 고찰

• 영문명: Practical Perspective on the Effectiveness of Antitrust Compliance Program for Observance of U.S. Antitrust Laws
• 발행기관: 중앙대학교 법학연구원
• 저자명: 정홍식(Chung Hong-Sik)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第2號, 151~177쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.30

영문 초록

  It was a striking news that U.S. Department of Justice(“DOJ”) imposed criminal sanctions against the Korean firms, Samsung Electronics and Hynix Semiconductor, for the price fixing of DRAM occurred in outside of the United States. The criminal sanctions included imposition of the fines of $300million and $185million on the two firms respectively, substantial amount of fines on the firms" executives and employees, and the individuals" agreement of being imprisoned in U.S. jail for several months. Further, civil lawsuits are followed by customers and other competing U.S. companies against the two firms to recover their loss up to three times which the Antitrust law allows.
  Additionally, it was recently reported that Samsung Electronics and LG-Philips.LCD, which are globally leading companies supplying LCD panels worldwide, were placed in investigation by DOJ for alleged price fixing. It is anticipated that a nature of possible criminal sanctions against the two firms will be no less than what Samsung and Hynix received from DOJ. Accordingly, in light of severity of the criminal sanctions for violation of U.S. Antitrust laws, globally leading Korean companies should be fully aware of core of U.S. Antitrust laws and undertake appropriate steps to prevent similar violations in the future.
  This article is written to introduce the effectiveness of Antitrust Compliance Program (“ACP”) for observance of U.S. Antitrust laws. The principal objective of ACP in any company is to reduce the likelihood that antitrust violations will occur in the future. To achieve the objective of reducing antitrust violations, ACP must familiarize company managers and employees with the “red flags” of antitrust laws, that is, those recurring situations which present the gravest risk of antitrust violation. By learning to recognize the “red flags” situations, company managers will be better prepared to avoid the dangers they present. Another objective of ACP is to encourage the company managers and employees to question when in doubt. It is not the purpose or function of ACP to turn a company"s employees into half-baked antitrust law “experts.” The best ACP is one that provides company managers and employees a variety of opportunities to ask questions and encourage them to seek counseling about real situations they encounter in everyday business practice.
  Obviously, the principal benefit of ACP arises when the program actually works. A successful program prevents violations from ever occurring in the first place, and the organization and its officers are never faced with felony prosecution and conviction. The firm with a successful program does not have to worry about the burden, disruption, and costs of an antitrust investigation or litigation. Further, the firm also does not have to worry about treble-damage awards to private plaintiffs, treble antitrust or false claims damage awards to the government.
  While ACP benefits an organization most when it successfully prevents managers and employees from violating the antitrust laws, even a failed compliance program may create significant opportunities and benefits for the organization. Those opportunities and benefits flow from a compliance program"s early detection of a violation. With the adoption of the guidelines for the sentencing organizations found in Chapter Eight of the U.S. Sentencing Guidelines, effective November 1, 1991, compliance programs now play a more important role than ever-not only in prevention and sentence mitigation, but also in providing the organization with the opportunity for obtaining favorable treatment from the government.
  As a complete pass from prosecution, the Amnesty Program(also known as Corporate Leniency Policy) offered by DOJ should be considered. If a compliance program fails to prevent a violation, but enables the organization to detect the viola

목차

Ⅰ. 들어가는 말
Ⅱ. 반독점법 준수프로그램의 개념과 주요목적
Ⅲ. 반독점법 준수프로그램의 도입으로 인한 효과와 혜택
Ⅳ. 미 연방양형가이드라인과 미 법무부에서 요구하는 “효과적인 준수프로그램”이 되기 위한 최소한의 기준과 감형내용
Ⅴ. 효과적인 준수프로그램이 되기 위해 갖추어야 할 필수요소
Ⅵ. 나오는 글
〈Abstract〉

키워드

반독점법준수프로그램(Antitrust Compliance Program) 연방양형가이드라인(Federal Sentencing Guidelines) 미국독점금지법(U.S. Antitrust Law) 효과적인 준수프로그램(Effective Compliance Program) 감면프로그램(Amnesty Program)