공정거래제도 30년의 운영성과와 향후 정책방향 -공정거래법상 실체법 규정의 운영성과와 그 평가를 중심으로-

Abstract

It’s difficult to sum up enforcement performance of Monopoly Regulation and Fair Trade Act for 30 years in a word, but it seems that more considerable outcome has been achieved in the regulation of entrepreneurs’ conducts damaging fair and free competition such as abuse of market dominant positions, unlawful collaborative acts (cartel agreements) and unfair trade practices than in the remedy of monopoly or oligopoly in market structures and the repression of the economic power concentration. However, it’s not always desirable that there was quite an achievement in the regulation of unfair trade practices. Considering the work burden of Korea Fair Trade Commission(hereinafter ‘KFTC’), their relations with abuse of market dominant positions and the character as private dispute, it is necessary to improve the regulation system of unfair trade practices. In the regulation of abuse of market dominant positions and unlawful collaborative acts, KFTC should continue to strongly enforce the law. Since global economic crisis began in USA in 2008, KFTC has selected several enterprises as priority surveillance business and closely monitored them. It expresses KFTC’s strong will for law enforcement, though it should not degenerate into a means of price stabilization. In a way the remedy of monopoly or oligopoly in market structures is the most urgent problem for solution, that is however hard and time-consuming to solve. In the review of substantial lessening of competition in a combination of enterprises, KFTC may consider public interests or industrial policy as well as competition policy. This issue relates to the independence of KFTC and requires the practical independence of KFTC. Finally, the repression of the economic power concentration is more difficult issue than the remedy of monopoly or oligopoly in market structures. For it depends not only on the enforcement will or competence of the competition authorities, but also on the government’s perception of the need for regulation. The repression system of economic power concentration was introduced into the Monopoly Regulation and Fair Trade Act in order to prevent harmful effect due to the general concentration of economic power. If the very problem of general concentration of economic power has not been solved,effective system to resolve it is still needed.