독점규제법상 일정한 조합의 행위의 적용 제외에 관한 고찰

Abstract

The Basic Act on Cooperatives (“The Act”) was enacted on Jan. 26, 2012 and enforced on Dec. 1, 2012. The purpose of the Act is “to promote voluntary, independent, autonomous acts of cooperatives by prescribing the basic matters about the establishment and operation of cooperatives and contribute to the integration of society and the balanced development of national economy” (Sec. 1). However, cooperatives may bring about some problems related to competition law, the purpose of which is to promote fair competition, because they are based on the mutual cooperation among economic entities. Cooperatives can play a role of promoting competition in that they are able to compete against big companies through alliance among small-sized enterprises which have many difficulties in becoming effective competitive entities. Considering these positive aspects, it is desirable to allow some exemptions rather that to apply the other regulations including cartel regulation without an exception. On the other hand, they may raise prices by colluding prices with other enterprises or engage in unfair trade practices like interfering other enterprise’s acts. In the cases, it is desirable to put them under antitrust regulation rather than to allow preferential treatment by exempting them from Monopoly Regulation and Fair Trade Act (“MRFTA”). The Act quotes the clause of MRFTA, sec. 60, without changes, about the exemption of MRFTA for cooperatives. Therefore, the application and exemption of MRFTA for cooperatives, which did not attract many attentions in business or in academy for a long time, create new interests. The article reviews the sec. 6 of Clayton Act and Capper-Volstead Act of the United States and the sec. 22 of Antimonopoly Act, which had an influence on MRFTA. And, it examine into regulations necessary for sound development of cooperatives.