Earticle

Abstract

영어

Improper cartels are regulated as one of the most anticompetitive conducts around the world because the harmful effects of cartels cause to serious and significant restraint on competition. Therefore, since 1981, the Korea Fair Trade Commission(KFTC) has amended laws against improper cartels. Among other things related to the regulation on improper cartels, the presumption of improper cartels provision if two or more enterprisers commit any of the acts listed in Article 19 (1) and practically restrict competition in a particular business area, they
shall be presumed to have committed an unfair collaborative act despite the absence of an explicit agreement to engage in such act. This provision is particularly important because it can be a basis on constitution of improper cartels in themselves even though it still has some problems what the presumption means and how the presumption can be interpreted.
Chinese Anti Trust Act is evaluated to have up-to-date regulative system against monopoly campared with its short history and has many points of similarity with Korean one. However, Chinese Anti Trust Act exemplifies only 6 listed acts on the improper cartels and prescribes just "meet of mind" as a factor of improper cartels. This simple provision can be questionable
to accomplish the Act's end to prevent unfair collaborative act.

Contents

I. 들어가며
 II. 不當한 共同行爲(카르텔)規制의 內容과 現況
 III. 不當한 共同行爲(카르텔)의 成立要件
 IV. 合意의 推定
 V. 나가며
 참고문헌
 Abstract

Authors

• 金元基 [ 김원기 | 전북대학교 법학전문대학원 교수, 법학박사 ]

Reference