공정거래법상 경쟁제한적 기업결합에 관한 연구

Abstract

A Study on Integration to limit competition in Antitrust Law Antitrust Law is controlling Integration to limit competition. Integration means phenomenon that corporation more than two is admited inside one control system. Each corporation is integrated to the company which corporation’s decisive power is combined as well as lose perfectly economical independence by Integration. That is, Integration is phenomenon that is compose one corporation by legal and economical by union between corporation. Integration will be promoted actively and may have to be fenced in this point. But, corporations do not Integration for economic of scale simply. That is, corporations control market and seek monopolistic profit through Integration. When Integration has this purpose, distort market’s competition order necessarily or do unfair transaction action. Antitrust Law is controlling this action of corporation justly. Integration is divided by Horizontal Integration, Vertical Integration and mixing Integration. The most Integration are mixing union in the South Korea. In fact, it is monopoly that become an issue in each Integration. The Fair Trade Commission made standard to judge Integration in 1999. The Fair Trade Commission should be little more fair and reasonable in use of system including this standard. Antitrust Law, drawing that control integration that is to limit competition must be thing which the country controls to make agreeable environment that all corporations can be active wholeheartedly in market. Specific and realistic standard of judgment for Antitrust law article 7 the first clause each trench should be made, and the third clauses and the fourth clauses are erased or must ease the important matter. Because Antitrust Law is prohibiting that integration is forced or consists by unfair method.