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So-called Vertical Dimension in the Cartel Case: Long way toward Establishing the Clear Distinction between Concerted and Unilateral Conduct under the Korean Antitrust Law Regime

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Authors
Lee, Ho-Young
Issue Date
2015-12
Publisher
School of Law, Seoul National University
Citation
Journal of Korean Law, Vol.15 No.1, pp. 19-32
Keywords
Vertical agreementHorizontal agreementVertical restraintUnreasonable concerted practiceUnilateral conductUnfair trade practiceResale price maintenanceMutual restraintUnreasonable restraint of trade
Abstract
of the Monopoly Regulation and Fair Trade Act which prohibits anticompetitive concerted practices applies to horizontal agreements only, while most anti-competitive vertical agreements have been judged by ‘the likelihood to impede fair trade’ standard under Article 23. This does not, however, have any statutory ground or antitrust policy justification. Such law enforcement approach to vertical restraints may make prohibition on unreasonable concerted practices under the MRFTA insufficient and cause unnecessary confusion in regulating unilateral conduct under the Act. Fortunately, the KFTC and courts which reviewed the KFTC’s decisions recently showed signs of changes where a non-horizontal agreement was in issue. However, this does not seem enough to change antitrust rules governing vertical restraints under the MRFTA in near future. A consistent and systematic approach is requested for establishing the clear distinction between concerted and unilateral conduct under the Korean antitrust law regime by restoring law enforcement against anti-competitive vertical agreements as an unreasonable concerted practice. In process of such development, of cause, a due respect should be paid to predictability on the side of business communities.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/97147
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 15 Number 1/2 (2015/2016)
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