부당염매의 위법성 판단기준에 관한 소고 - 대법원의 견해에 대한 비판적 검토를 중심으로

• 영문명: A Study on the Criteria for Assessing Illegality of Selling Practices at Unfairly Low Prices
• 발행기관: 중앙대학교 법학연구원
• 저자명: 신영수(Shin Young-Su)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第1號, 193~216쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

  Selling at low prices itself is not a violation of competition law. Rather reduced prices due to productive efficiency or cost saving should be considered as a merit of the market economy, and they are the goal the competition law pursues as well. On condition that low prices are fixed to exclude competitors or have such effect, however, the pricing can be assessed to be illegal despite the short-term profits. on consumers. This kind of business practices have been called as unfair selling at low prices or predatory pricing.
  But, comparing the legislative history of the regulation on predatory pricing and discussions on it in other advanced countries, the discussions on such practices in Korea have not been that active. Just one case has been dealt at the supreme court so far.
  This paper is composed to make an analysis about the economic and systematic background of the selling at unfairly low prices on the basis of thought that it can be different from the jurisprudence on the predatory pricing established through the U.S. precedents. It presents some criteria to assess illegality of the selling at unfairly low prices considering the current legislative framework and construction on the Fair Trade Act.

목차

Ⅰ. 머리에
Ⅱ. 부당염매 규제의 법적 근거
Ⅲ. 염가성 판단의 고려요소
Ⅳ. 부당염매 규제의 본질에 관한 재고
Ⅴ. 배제대상 경쟁사업자의 범위
Ⅵ. 맺으며
〈Abstract〉

키워드

부당염매(selling at unfairly low prices) 약탈적 가격책정(predatory pricing) 경쟁사업재배제(exclusion of competitor) 불공정거래행위 비용기반분석법(unfair trade practices cost-based analysis)