중국에서의 가격카르텔 규제강화에 따른 기업의 대응방향에 관한 소고

Abstract

The new Anti-Monopoly Law prohibits many practices that have previously been common in China, and business operators found to be in violation of the law face significant penalties (up to 10% of turnover, in many cases). Businesses with operations, customers or investments in China should carefully consider how the Anti-Monopoly Law affects them, and take appropriate steps to ensure compliance. The Anti-Monopoly Law prohibits "monopoly agreements" - agreements between competing businesses or trading partners containing certain restrictions on competition. "Horizontal" monopoly agreements include agreements between competitors to fix prices, limit production or sales volumes, share markets, restrict technology purchases or development, or to boycott competitors or customers. "Vertical" monopoly agreements include agreements between a company and its trading partners to fix resale prices, or to restrict minimum resale prices to third parties. In the China, The Anti-Monopoly Law came into existence in August 2007. Anti-Monopoly Law of China includes not only companies established in the China but also foreign companies that conduct the business there and so it will be applied to Korean corporations. Therefore, they will be under the effect of the Anti-Monopoly Law of China and need to make provisions for it.