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Legal Status of Joint Ventures under Korean Competition Law
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Lee, Bong-Eui | - |
dc.date.accessioned | 2014-01-06T07:10:07Z | - |
dc.date.available | 2014-01-06T07:10:07Z | - |
dc.date.issued | 2008 | - |
dc.identifier.citation | Journal of Korean Law, Vol.8 No.2, pp. 433-453 | - |
dc.identifier.issn | 1598-1681 | - |
dc.identifier.uri | https://hdl.handle.net/10371/85154 | - |
dc.description.abstract | This 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.iso | en | - |
dc.publisher | BK 21 law | - |
dc.subject | joint ventures | - |
dc.subject | competition law | - |
dc.subject | legal definition | - |
dc.subject | joint control | - |
dc.subject | ambivalent nature | - |
dc.subject | market concentration | - |
dc.subject | cartel | - |
dc.subject | double control | - |
dc.subject | simplified procedure | - |
dc.subject | safety zone | - |
dc.subject | unified approach | - |
dc.subject | one-stop shop | - |
dc.title | Legal Status of Joint Ventures under Korean Competition Law | - |
dc.type | SNU Journal | - |
dc.citation.journaltitle | Journal of Korean Law | - |
dc.citation.endpage | 453 | - |
dc.citation.number | 2 | - |
dc.citation.pages | 433-453 | - |
dc.citation.startpage | 433 | - |
dc.citation.volume | 8 | - |
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