공정거래위원회의 결정유형의 개선방안에 관한 고찰

Abstract

If the competition authority detects an entity committing competition law violation, it can pursue administrative proceedings to investigate, prohibit and sanction anti-competitive behavior. The main focus of this article is on the types of the remedies, especially Corrective Measures by the Korea Fair Trade Commission (hereinafter “KFTC”). The Surcharge Orders which enforce monetary sanction against the offending firms were not observed because of limited space. Firstly, I surveyed the types of the Corrective Measures in the Monopoly Regulation and Fair Trade Act(hereinafter “Fair Trade Act”) and the contents of the Orders issued by the KFTC in the former part of the Chapter Ⅱ. Secondly, in the latter half of the Chapter Ⅱ, I looked at the types of “Other Measures taken necessary for correction” and suggested the comprehensive scope of that Measures. And I insisted the addition of the structural remedies against market dominating enterprises for exceptional circumstance. Thirdly, I suggested the Recommendation Decision should be replaced with the Consent Order in the Chapter Ⅲ. Under current scheme, if an entity accepts a recommendation for correction by KFTC, it shall be considered that a corrective measure has been taken. So the Recommendation Decision will be too burdensome for the addressee. And I commented that the Warning Decision currently issued under the Regulation of the Meeting Management and Case Procedure should be provided in the Fair Trade Act to secure the rule of law. Then, in the Chapter Ⅳ, I also affirms the necessity of the introducing the Consent Order and the Non-Infringement Decision into the Fair Trade Act for accomplishing adequate purposes. Lastly, in Chapter Ⅴ, instead of closing words, I summarized my thoughts.