The Unfair Trade Practices (¡°UTP Guidelines¡±) imposed by the Korea Fair Trade Commission(¡°KFTC¡±) refers to situations where trading conducted unfairly or unjustly and is likely to infringe competition in the market pursuant to the Monopoly Regulation and Fair Trade Act of Korea (¡°MRFTA¡±). It defines restrictions of competition and unfairness respect...
APCCRecently, there is a growing number of works of literature that discusses the problem of ¡°horizontal shareholding,¡± a case where an institutional investor owns shares of multiple companies competing in the same relevant market. As a result, the OECD organized a seminar to discuss the anti-competitive effect of such horizontal shareholding, while so...
APCCAmong the specific types of unfair trade practices under the Monopoly Regulation and Fair Trade Act (the ¡°Fair Trade Act¡±), customer inducement by fraudulent means, in particular, is characterized in two ways of competition and consumer law with the additional requirements expressed as fraudulent means. However, in order for this provision to clari...
APCCAbuse of market dominance focuses mainly on the significance and standard of trading positions. However, it is meaningless to emphasize practical and theoretical trading positions. Because it is very difficult to investigate trading positions alone, and the actual trade relationship is not the trading position, but a matter of that degree. In some ...
APCCThe Korea Fair Trade Commission (KFTC)¡¯s two decisions against Qualcomm on its Standard-Essential Patent (SEP) license are epoch-making in terms of the enforcement of the competition law. In particular, it has provided an opportunity for full-scale discussion on the relationship between intellectual property rights such as patents and competition l...
APCCThe pharmaceutical market is closely related to public health. The risk of patent invalidation and monopoly of this market may be serious. In this sense, the Drug Price Competition and Patent Term Restoration Act, informally known as the Hutch Waxman Act, seeks to solve this problem, by encouraging generic drug manufacturers to challenge weak or in...
APCCUnder the Fair Trade Act, the concepts of ¡°single economic identity¡± or ¡°undertaking ¡± are operated according to the type of prohibited act, and even these concepts are hardly taken into consideration in the areas of procedural and sanctions. However, the concept of ¡°undertaking¡± is so-called product of law (Rechtsproduckt) based on the functional i...
APCCThis paper provides the design for effective deterrence of an antitrust surcharge system in Korea with comparison to EU, the UK, Germany and the U.S. (four competition authorities) cases. Accordingly, this paper reviews a deterrent approach and an internalization approach as a method for determining the optimum level of fines, and the objective of ...
APCCThis article aims to examine recent cases of the Korea Fair Trade Commission (¡®KFTC¡¯) regarding mergers and acquisitions under the Korean Competition Law and analyze their normative validity. Accordingly, two cases are selected as target cases. One was the merger of Microsoft and Nokia in 2015(¡®MS/Nokia¡¯), and the other was the merger of SK Telecom...
APCCThis article considers methodology of measurement economics by Timbergen and Keynes and derives a lesson from cartel damage in light of Korea¡¯s antitrust law. South Korea¡¯s Supreme Court cartel cases held that the plaintiff must quantify the amount of damages with econometric analysis based on the but-for-price test. Like many lawyers, many economi...
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