독점규제법상 재판매가격유지행위의 성격과 규제체계에 관한 소고
Legal Status and Regulatory Issues of RPM in Korean Anti-Monopoly Act

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서울대학교 법학연구소
법학, Vol.48 No4 pp.237-259
재판매가격유지행위합리성의 원칙브랜드 내 경쟁수직적 거래제한RPM약정interbrand competition
, RPM, 브랜드 내 경쟁, 브랜드간 경쟁제한, 수직적 거래제한, 당연위법, , 강제성, 구속조건, 비교형량, RPM약정, 경쟁촉진효과, resale price maintenance, intrabrand competition, interbrand competition, vertical restraints of trade, per se illegal, rule of reason, coersion, restrictive con
This article aims to clarify the status of “Resale Price Maintenance” (hereafter
“RPM”) in the “Korean Anti-Monopoly Act” (hereafter “the Act”) and to analyse
some regulatory issues of RPM. The Act prohibits vertical non-price restraints
like exclusive dealership, geographic market division, and vertical price fixing
(RPM) in some separated provisions and therefore any common approach to
assess their illegality has not been found yet.
Above all, in case of RPM, the Act defines it as the act whereby an
Enterprise which manufactures and sells certain goods fixes the resale price of
such goods and coerces other Enterprises, which purchase and resell such goods,
to resell the said goods at such fixed price, or imposes on such other
Enterprises restrictions on the transaction to achieve such end. The definition
focuses, unlike U.S. per se approach emphasing the restraint of intrabrand
competition in the Act, on the “coersion” and “restriction” similar to some other
unfair trade practices. In this regard, the Act doesn’t adopt per se rule against
RPM and allows no room for balancing interests.
Contrary to de facto unilateral coersion of resail price, RPM agreement should
be assessed in terms of interbrand competition or competition on the relevant
market and be subject to the prohibition of abusive conducts by a market
dominant undertaking. In this case, the Competition Authority should take market
structure, intent and/or effect of that RPM, size and market share of competitors,
efficiency-enhancing character etc. into full account. Whether the intrabrand...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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