기업결합의 경쟁자 배제효과와 그 위법성 요건 - 기업결합 심사기준을 중심으로 -

Abstract

In Competition law, foreclosure means preventing a competitors or potential competitor from competing by denying it access to inputs or customers. And it is an important consideration for competition analysis in several context, for example, monopolization(abuse of dominance), vertical restraints, and non-horizontal mergers. The legal test for mergers is substantial lessening of competition. With respect to vertical mergers, a key issue is whether the combination of a supplier and a customer foreclose competitors in each relevant market. As to conglomerate mergers, the essential question is whether the merged entity acquires ability to foreclose or exclude competitors after the merger in a relevant market. Note that under merger guidelines, the main concern in the context of conglomerate merger is that of foreclosure, so in assessing the likelihood of foreclosure, competition authority examines market share, concentration levels, entry barriers and any relationship of products. When merger concerned may lead to reduction in actual or potential competitors' ability or incentive to compete, it raise competition concerns.