東亞細亞 共同市場의 形成과 競爭法의 課題

Abstract

After China introduced the market economy, the volume of economic exchange and cooperation in East Asia grew more rapidly. In order to promote this cooperation, one could also expect to establish a common market in East Asia also, similar to EEC and NAFTA. However, there are many obstacles that prevent the establishment of the common market in this area. Therefore it is highly recommended for the legal professionals to join in research to remove these obstacles. This paper, in order to promote this effort, focused on conducting research only in competition law. Most countries in East Asia have introduced competition law, in order to maintain the proper function of the market economy. Japan was the first country in Asia to introduce a competition law, followed by Korea and Taiwan. China is still in the process of legislation since joining the WTO. In general, competition laws prohibit or regulate monopolies and oligopolies, mergers, collaborative acts and unfair trade practices in order to maintain or promote free and fair competition; in this aspect, the competition laws of East Asian countries are the same. The competition law of each country, however, shows substantial differences in specific content and regulatory procedure. The countries in East Asia need to develop their institutions to meet the global standard by means of comparing and examining their institutions and experiences with those of Europe and the United States at the same time as verifying the characteristics of Asian competition law and overcoming the limitations of these through their mutual comparison and research. In order to enhance the efficacy of competition law in each country, in relation to public enforcement, it is necessary to stipulate clearly the standards of regulation, to improve regulatory procedures to make them more transparent and rational, and make sure regulatory agencies cannot abuse their discretions. In relation to private enforcement, there is a need to consider allowing competitors and consumers to participate actively in the process of the competition law trial by further vitalizing the private litigation system. Finally, by means of converging and assimilating the competition laws in each countries, it will also contribute to preparing the legal basis to establish a common market in East Asia.