독점규제법은 경제질서의 기본법이다

Abstract

Korea has enacted the Monopoly Regulation and Fair Trade Act (hereinafter referred to as the “Act”) since 1980. In order to promote free and fair competition, the Act prohibits the abusive conducts of a market dominant position, as well as cartels, anti-competitive mergers and acquisitions, and unfair trade practices. It has been 30 years since the Korea Fair Trade Commission (herein after referred to as the “KFTC”) has enforced the Act. The KFTC has been faithfully fulfilling the role of “guardian of the market economy.” The 30years long activity of KFTC for enforcing the Act has been estimated very positive and successful. It contributed very much to change unfair trade practice into fair one and to enhance the public awareness of the importance and role of free and fair competition in the market economy. However it has not been so successful for promoting free competition and fair trade order between large and small companies. Because the prohibition of abusive practices of a market dominant enterprise and unfair trade practices between large and small companies, and merger control by the KFTC have not been so active as the other, such as the prohibition of cartels and unfair practices in general. For enhancing the effectiveness of the Act as the fundamental law for market economy, it is very desirable for the KFTC to prohibit more actively the abusive conducts of a market dominant position and unfair trade practices between large and small enterprises and also to control anti-competitive merger in the future.