Prohibition of Abuse of Market-Dominant Undertakings under the Monopoly Regulation and Fair Trade Act

Abstract

This article discusses the basic issues in the prohibition of abuse of market dominant undertakings in Korea with emphasis on the dogmatic definition and systematics of abuse. In the process of rapid development of the Korean economy, the concentration of large scale industries has been increased. Through recent changes in market opening and deregulation, the pressure of market competition is becoming fierce. Simultaneously, the risk that market dominant undertakings try to hinder, foreclose or exclude actual or potential competitors grows. However, the Monopoly Regulation and Fair Trade Act has not effectively responded to various types of abuse committed by market dominant undertakings.

The main cause of this situation appears to be that the Korea Fair Trade Commission and

commentators have failed to provide sufficient explanations about the nature of abuse. This article tries to make clear how to understand, interpret and apply the abuse concept that has evolved in the social and political context of Korea. This approach is expected to reveal some interpretative characteristics of abuse.