독점규제법상 차별적 취급

Abstract

The discrimination in trade occurs when the same commodity is sold at more than one trade conditions. The Clayton Act Sec. 2 in U.S.A., amended by Robinson-Patman Act, has regulated the price discrimination. It shall be unlawful for any person in commerce to discriminate in price between different purchasers of commodities of like grade, when the effect of such discrimination may be substantially to lessen competition or tend to creat a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers fo either of them. But many questions has been raised on the reasonableness of the regulation on the discrimination by Robinson-Patman Act. In Europe, the discrimination in trade is regulated as an abuse of market-dominant position, in accordance with the provision of Article 82 in EC Treaty. So this regulations set the market-dominant position forth as a premise. In Korea, Fair Trade Law has expressly prescribed the discrimination in trade as an unfair business practices on Article 23. But the discrimination in trade could be regulated as an abuse of market-dominant position in accordance with the provision of Article 3-2. For the right application of Fair Trade Law on discrimination in trade, it is necessary to understand the economic meaning of discrimination and the significance of competition policy in the regulations of discrimination in U.S.A. and Europe.