허브 앤 스포크(Hub-and-Spoke) 담합의 개념 및 적용 요건 등에 관한 연구

Abstract

Information about market conditions including a competitor’s price constitutes essential information to beat off fierce competition. Intense competition among distributors encourages them to do their best to secure the most competitive trade terms from suppliers, which, in turn, leads to competition among suppliers to offer better terms. Therefore, if competition authorities intend to intervene in competition among distributors, they need to exercise considerable caution in doing so. In this respect, strict criteria presented by the UK Court of Appeal in connection with the Hub-and-Spoke cartel are considered eminently reasonable and appropriate. It carries crucial implications for us that actual regulation on the Hub-and-Spoke cartel is extremely rare in the UK where there have been most discussions about the Hub-and-Spoke cartel. There is no specific legal provision about vertical agreement in Korea. The Monopoly Regulation and Fair Trade Act in Korea includes a specific provision that an agreement between business operators is required and does not separately regulate concerted practices. Therefore, it is necessary to clearly recognize that the Hub-and-Spoke cartel is a concept discussed subject to its causing the effects of a horizontal agreement where there is no horizontal information-exchange at all for the acknowledgement of a concerted practice based on information-exchange via the Hub-and-Spoke cartel as a collusive conduct. In conclusion, if it can be acknowledged that there is a horizontal agreement between business operators as there is horizontal exchange of information under the existing legal principles on collusion or only the existence of a simple vertical agreement is acknowledged, it is believed that there is no necessity for or practical benefit from the application of the Hub-and-Spoke cartel concept.