한국 카르텔의 규제

Abstract

Monopoly Regulation and Fair Trade Act is to promote fair and free competition. This Act 19-1 of the Monopoly Regulation and Fair Trade Act of Korea enumerates 8 types of improper concerted acts which consists of not only cartel behaviors and but also cartel facilitators. Although there are some conceptional and practical differences between cartels and its facilitators, the actdo not make the distinction so apparent as to avoid confusion. Recently in aseries of decisions concerning basing point pricing, atypical cartel facilitator, thesupreme court in Korea declared that an agreement on basing point pricing could be condemned as an improper concerted acts on price without furthere vidence of its anticompetitive effects or direct agreement on the price. Recently, court has been active in reviewing the appropriateness of administrative fine and there have been many debates over the meaning of affected product, among other things. Even though there are some court decisions about affected product, clear interpretation of affected product has notbeen well settled yet. U.S. guideline provides that the fine for the cartel will be calculated based on 20% of the volume of affected commerce. U.S. Supreme Court has not made a decision regarding the meaning of the volume. The advent of leniency programs has completely transformed the way antitrustauthorities around world detect, investigate and deter cartels. Conclusionaly, restrictions on unfair collaborative acts is focused on the enterpriser surcharges and leniency program system.