시장지배적 지위남용행위와 불공정거래행위의 관계와 단독행위 규제체계의 개선
A Study on the Reformation of Regulations of Single Conducts and the Relationships between the Abuse of the Market Dominant Power and Unfair Practices
0
조회
0
다운로드
14
인용
0
참고문헌
키워드
초록
The regulations of single conducts consist of the regulations of the abuse of market dominant power and unfair practices in Monopoly Regulations and Fair Trade Act(hereafter MRFTA), and such a dual regulation system corresponds to a fundamental feature of MRFTA. And the regulations of unfair practices should be determined in perspective of the restraints of competition as well as the unfairness. If the nature of the illegality of unfair practices could not help being understood pluralistically, there are limits to figure the relationship between the abuse of market dominant power and unfair practices out. In other words, if the decision of the illegality of unfair practices is based upon the competition restraints, it is possible to understand the relationship between the abuse of the market dominant power and unfair practices as the relation of special and general law, but if the decision is based on unfairness, it is difficult to maintain such relational understandings pursuant to the special law. Therefore it is inevitable to distinguish the relationship of two conducts based on the nature of unfair practices, such an approach must apply to the reformation of the regulation systems of single conducts in MRFTA.
Abstract
The regulations of single conducts consist of the regulations of the abuse of market dominant power and unfair practices in Monopoly Regulations and Fair Trade Act(hereafter MRFTA), and such a dual regulation system corresponds to a fundamental feature of MRFTA. And the regulations of unfair practices should be determined in perspective of the restraints of competition as well as the unfairness. If the nature of the illegality of unfair practices could not help being understood pluralistically, there are limits to figure the relationship between the abuse of market dominant power and unfair practices out. In other words, if the decision of the illegality of unfair practices is based upon the competition restraints, it is possible to understand the relationship between the abuse of the market dominant power and unfair practices as the relation of special and general law, but if the decision is based on unfairness, it is difficult to maintain such relational understandings pursuant to the special law. Therefore it is inevitable to distinguish the relationship of two conducts based on the nature of unfair practices, such an approach must apply to the reformation of the regulation systems of single conducts in MRFTA.
참고문헌 (32)
- 권오승, "경제법" (2002), 법문사
- 권오승, "경제법" (2014), 법문사
- 시장지배적 지위 남용행위와 불공정거래행위 규정 합리화 방안 연구, "권오승", 공정거래위원회, ~ (2015)
- 김학현, "공정거래법상 단독행위 규제제도의 합리적 개편방안", 박사, 법학, pp.2011
- 신동권, "독점규제법" (2011), 박영사
- 신현윤, "경제법" (2012), 법문사
- 양명조, "경제법 : 이론·판례·사례" (2013), 신조사
- 이기수, "경제법" (2006), 세창출판사
- 이민호, "시장지배적 지위 남용행위의 ‘부당성’에 관한 연구 - 판례를 중심으로 -", 사법, 1(22), pp.97~137 (2012), 사법발전재단
- 이호영, "공정거래법상 단독행위 규제체계의 현황 및 개선방향", 경쟁저널, (169) (2013)
- 이호영, "독점규제법" (2011), 홍문사
- 이황, "불공정거래행위 중 끼워팔기에 관한 소고", 경쟁법연구, 14 (2006)
- 정호열, "공정거래법강의" (1996), 법문사
- 정호열, "경제법" (2010), 박영사
- 홍명수, "독점규제법 위반행위에 있어서 주관적 요건의 검토", 경쟁법연구, 29, pp.3~38 (2014), 한국경쟁법학회
- 홍명수, "불공정거래행위 규제의 의의와 개선 논의의 기초", 안암법학, (45), pp.451~491 (2014), 안암법학회
- Jones, A., "EU Competition Law" (2014), Oxford Univ. Press
- Ohly, A., "Gesetz gegen den unlauteren Wettbewerb mit Preisangabenverordnung Kommentar" (2014), C. H. Beck
- Antitrust Modernization Commission, Report and Recommendations, , ~ (2007)
- Compton, C. T., "Tumultuous times: the escalating US debate on the role of antitrust in standard setting", Competition Law International, 5(1) (2009)
- Ekey, F. L., "Wettbewerbsrecht" (2005), C. F. Müller
- Rittner, F., "Europäisches und deutsches Wirtschaftsrecht" (2008), C. F. Müller
- Rittner, F., "Wettbewerbs- und Kartellrecht" (2014), C. F. Müller
- FTC, "FTC Settlement Bars Patent Assertion Entity From Using Deceptive Tactics", ~ (2014)
- Wiedemann, G., "Handbuch des Kartellrechts" (1999), C. H. Beck
- Hovenkamp, H., "Federal Antitrust Policly: The Law of Competition and Its Practice", pp.2005, Thomson
- Bunte, H., "Kartellrecht Kommentar B 1 Deutsches Kartellrecht" (2014), Luchterhand
- Kling, M., "Kartellrecht" (2015), Vahlen
- Samuelson, P., "Economics" (1995), McGraw-Hill
- Akman, P., "The Concept of Abuse in EU Competition Law" (2015), Hart Publishing
- Whish, R., "Competition Law" (2012), Oxford Univ. Press
- Whish, R., "Competition Law" (2005), Oxford Univ. Press