불공정거래행위 규제의 의의와 개선 논의의 기초
A Study on the Improvement of the Regulations of Unfair Trade Practices
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The Regulations of unfair trade practices are an axis of the regulations of single-firm conducts with the regulations of abuses of market dominant power in Monopoly Regulation and Fair Trade Act in Korea. And the regulations of unfair trade practices should be determined in perspective of the restraints of competition as well as the unfairness. Such a regulation system of unfair trade practices is not uncommon as compared to the competition law in other countries. For example the competition law systems in U. S. A., Germany and Japan have the multiple legal provisions about the regulations of single-firm conducts. And as can be seen at the applications of article 19 in Monopoly Prohibition Act in Japan and article 5 in the FTC Act in U. S. A., the perspectives of unfairness have effectively functioned for the regulations of unfair trade practices. So current the regulations of the single-firm conducts or the unfair trade practices in Monopoly Regulation and Fair Trade Act would not be problem systematically. More importantly, the current regulation systems must be reviewed in light of real competition in the market and regulatory necessity. From this point of view, it would be sufficient to meet the demand of competition policy. So it may be premature to integrate the regulations of single-firm conducts or remove the unfairness in judgement of illegality of unfair trade practices. And it is necessary to discuss the improvement of regulations of unfair trade practices in this point, to clarify the meaning of the regulation of single-firm conduct and unfair trade practice, or the criteria of the determination of unfairness.
Abstract
The Regulations of unfair trade practices are an axis of the regulations of single-firm conducts with the regulations of abuses of market dominant power in Monopoly Regulation and Fair Trade Act in Korea. And the regulations of unfair trade practices should be determined in perspective of the restraints of competition as well as the unfairness. Such a regulation system of unfair trade practices is not uncommon as compared to the competition law in other countries. For example the competition law systems in U. S. A., Germany and Japan have the multiple legal provisions about the regulations of single-firm conducts. And as can be seen at the applications of article 19 in Monopoly Prohibition Act in Japan and article 5 in the FTC Act in U. S. A., the perspectives of unfairness have effectively functioned for the regulations of unfair trade practices. So current the regulations of the single-firm conducts or the unfair trade practices in Monopoly Regulation and Fair Trade Act would not be problem systematically. More importantly, the current regulation systems must be reviewed in light of real competition in the market and regulatory necessity. From this point of view, it would be sufficient to meet the demand of competition policy. So it may be premature to integrate the regulations of single-firm conducts or remove the unfairness in judgement of illegality of unfair trade practices. And it is necessary to discuss the improvement of regulations of unfair trade practices in this point, to clarify the meaning of the regulation of single-firm conduct and unfair trade practice, or the criteria of the determination of unfairness.
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