시장지배적 사업자의 Loyalty Rebate(충성리베이트)의 법리에 관한 연구

• 영문명: The Study on the Legal Principles of Loyalty Rebates by Market Dominant Enterprisers
• 발행기관: 중앙대학교 법학연구원
• 저자명: 조성국(Cho, Sung-Kuk)
• 간행물 정보: 『법학논문집』法學論文集 第35輯 第1號, 281~300쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.04.30

영문 초록

The regulation on the loyalty rebates became one of hot issues among several competition authorities. The Intel case was dealt by Japan, Korea, EU and the United States of America. However, the legal principles of loyalty rebates by market dominant enterprisers are not clear, yet. There are two positions in regulating loyalty rebates by market dominant enterprisers. One is active position and the other is passive position. The active position emphasizes that loyalty rebates are essentially price discounts although they have exclusionary effects. The position argues that they can be regulated in case anti-competitive effects are proven. It is concerned about false positives. On the other hand, the passive position emphasizes that loyalty rebates are essentially exclusionary or even punitive. According to the position, illegality can be admitted by the harms to the competitors or the allocated price below marginal cost. The passive position argues that cost-based test or hypothetical equally efficient competitor test can be used to prove anti-competitive effects. However, the active position argues that those tests are notoriously hard to administer. The 2008 AAI Report for Obama Administration suggests structured rule of reason, according to which loyalty rebates are prima facie exclusionary with proving some elements. The differences between two position are originated from two aspects of loyalty rebates; pro-competitive effects and anti-competitive effects. I think that the illegality depends on economic analysis about effects of each individual conducts.

목차

Ⅰ. 서언

Ⅱ. loyalty rebate에 대한 일반론

Ⅲ. loyalty rebate에 관한 규제론

Ⅳ. 우리나라의 심결례 분석

Ⅴ. 결어

참고문헌

[Abstract]

키워드

로열티 리베이트 시장지배적 사업자 배타조건부 거래 형식주의적 접근 효과주의적 접근 loyalty rebate market dominant enterpriser exclusive dealing form-based approach effect-based approach