가격담합으로 인한 공정거래 손해배상소송에서의 손해액 산정

• 영문명: Calculation of Damages caused by Price-fixing Cartel in the Antitrust Damages Claim Litigation: With a focus on the Admission Case of Empirical Economic Analysis Evidence by the Court and its standard
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 홍대식(Dae Sik Hong)
• 간행물 정보: 『비교사법』比較私法 제19권 제2호, 703~746쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.05.31

영문 초록

The Supreme Court of Korea rendered a landmark decision on the issue of admissibility of empirical economic analysis evidence in calculating damages caused by price-fixing cartel regarding military fuel bid-rigging case in July 2011. In this case, the use of economic analysis in assessment of damages has come a major issue because the claimed damages are substantial. Various types of evidence were presented during the litigation procedure such as the damages assessments based on the yardstick method and the difference in difference method applying multiple regression techniques which resulted in substantial difference between the amounts offered as relevant damages. Whereas the Seoul Central District Court admitted complicated economic analysis evidence as a basis for its damages assessment with some modifications, the Seoul High Court having jurisdiction over the appellate instance took a case-specific approach and stated that the method to be applied should be chosen based on consideration of what would be most reasonable in resolving the matters of the particular case at hand, despite the validity of each form of analysis presented. The Supreme Court clarified some disputed points relating to the calculation standard of “hypothetical competitive price”, that is ‘but for’ price while rebutting the decision of the Seoul High Court and remanding the case to it. However, other critical points still remain to be made clear such as whether and on what criteria to adopt empirical economic analysis evidence and whether and to what extent to control such evidence normatively. This article aims to attempt to do comparative analysis of main issues and holdings among the decisions of Supreme Court and lower level courts and suggests the author’s opinion on relevant unclarified issues.

목차

Ⅰ. 들어가면서

Ⅱ. 손해액 산정 요소인 가상 경쟁가격의 산정기준

Ⅲ. 가상 경쟁가격 산정을 위한 실증경제분석 증거의 채택 기준과 그 증거에 대한 규범적 통제의 범위 및 한계

Ⅳ. 맺으면서

〈참고문헌〉

〈Abstract〉

키워드

공정거래법 가격담합 손해배상 손해액 실증경제분석 가상 경쟁가격 Monopoly Regulation and Fair Trade Act Price-fixing Cartel Compensation for Damages Damages Empirical Economic Analysis Hypothetical Competitive Price