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Legal Status of Joint Ventures under Korean Competition Law

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dc.contributor.authorLee, Bong-Eui-
dc.date.accessioned2014-01-06T07:10:07Z-
dc.date.available2014-01-06T07:10:07Z-
dc.date.issued2008-
dc.identifier.citationJournal of Korean Law, Vol.8 No.2, pp. 433-453-
dc.identifier.issn1598-1681-
dc.identifier.urihttps://hdl.handle.net/10371/85154-
dc.description.abstractThis article reviews the regulatory framework for joint ventures and presents some proposalsfor its improvement. Korean competition law does not define a joint venture, not even a concentration from substantive points of view. An establishment of a joint venture can be assumed as either a concentration or a cartel. Therefore, there is a possibility of double control of this single behavior, which could severely threaten legal certainty and predictability. Against this background, this article attempts to define the establishment of a joint venture substantively, and it means an acquisition of joint control to a newly created company by two or more undertakings. Considering that a joint venture has an ambivalent nature, or pro- and anticompetitive effects, it is suggested that a joint venture accompanied by structural changes in the participating firms will be dealt with in principle under merger control, where its cooperative effects are reviewed altogether. A joint venture for simple cooperation should be processed within a simplified procedure under certain circumstances. This would result in procedural economies without harming effective competition.-
dc.language.isoen-
dc.publisherBK 21 law-
dc.subjectjoint ventures-
dc.subjectcompetition law-
dc.subjectlegal definition-
dc.subjectjoint control-
dc.subjectambivalent nature-
dc.subjectmarket concentration-
dc.subjectcartel-
dc.subjectdouble control-
dc.subjectsimplified procedure-
dc.subjectsafety zone-
dc.subjectunified approach-
dc.subjectone-stop shop-
dc.titleLegal Status of Joint Ventures under Korean Competition Law-
dc.typeSNU Journal-
dc.citation.journaltitleJournal of Korean Law-
dc.citation.endpage453-
dc.citation.number2-
dc.citation.pages433-453-
dc.citation.startpage433-
dc.citation.volume8-
Appears in Collections:
College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean Law (JKL)Journal of Korean Law Volume 08 Number 1/2 (2008)
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