배타조건부 거래를 포함하는 시장선점ㆍ봉쇄전략에 대한 단계별 위법성 판단절차
Standard for Determining the Illegality of Exclusionary Practices including Unilateral Behavior Foreclosing Competitors' Access to Market
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In antitrust policy, one of troublesome recurring problems is to determine whether the strategy including the exclusive dealing contract between purchasers and suppliers for the sale or purchase of goods or rights to exclude competitors is illegal. Sometimes, the decline of the influential competitors could be natural result of competition. However, the downfall of rivals could also be responsible for the vertical agreements or technical integration to harm competition by market blockade. For this reason, the standards for scrutiny to decide the illegal anticompetitive strategy have been suggested to perform the anticompetitive policy efficiently. In the U.S., federal courts and agencies have tried to replace the effects-balancing test that is the old version of the rule of reason test, with the structured rule of reason, which is conceived for allocating burdens of production and proof. This Article deals the new test method placing stress on the importance of an appropriate framework that structures the analysis. This new analysis will divide the steps of the whole process and allocate burdens of production and proof in litigation
Abstract
In antitrust policy, one of troublesome recurring problems is to determine whether the strategy including the exclusive dealing contract between purchasers and suppliers for the sale or purchase of goods or rights to exclude competitors is illegal. Sometimes, the decline of the influential competitors could be natural result of competition. However, the downfall of rivals could also be responsible for the vertical agreements or technical integration to harm competition by market blockade. For this reason, the standards for scrutiny to decide the illegal anticompetitive strategy have been suggested to perform the anticompetitive policy efficiently. In the U.S., federal courts and agencies have tried to replace the effects-balancing test that is the old version of the rule of reason test, with the structured rule of reason, which is conceived for allocating burdens of production and proof. This Article deals the new test method placing stress on the importance of an appropriate framework that structures the analysis. This new analysis will divide the steps of the whole process and allocate burdens of production and proof in litigation
참고문헌 (15)
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