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경쟁법상 사업자간 정보교환에 관한 연구 원문보기

  • 저자

    윤현정

  • 학위수여기관

    高麗大學校 大學院

  • 학위구분

    국내석사

  • 학과

    法學科

  • 지도교수

    柳珍熙

  • 발행년도

    2014

  • 총페이지

    vii, 126 p.

  • 키워드

    정보교환 부당공동행위 의식적 병행행위 동조적 행위 합의 시장투명성 게임이론 공정거래법 information exchange transparency in the market proof of agreement the regulations of cartel conscious parallelism concerted practices;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T13542012&outLink=K  

  • 초록

    【ABSTRACT】 A Legal Study on Information Exchanges among Firms Information exchange is a common feature of competitive markets. Firms share information with their competitors, retailers or suppliers in various contexts. Information exchanges among competitors can lead to efficiency enhancing benefits but may also present competition risks. The challenge for competition authorities is how to approach this conduct within the context of traditional competition laws. The assessment of the legality of information exchange is usually carried out within the context of cartels. Increased transparency in the market as a result of information exchanges may both benefit consumers, improve consumer welfare. Or it produce efficiencies for the firms involved, help firms decide on their competitive conduct. On the other hand, certain information exchanges can facilitate collusion and lead to foreclosure with regard to non-affiliated competitors. The potential for anti-competitive effects depends a lot of key factors, such as the type of information exchanged and the structural characteristics of the market involved. As to the regulations of cartel, the information exchange is related to the proof the existence of agreement. It has been dealt with circumstance evidences as plus factors of conscious parallelism in Sherman Act and a factor which could enable one to acknowledge the concerted practices in Article 101 of TFEU. A provision in the Article 19(5) Monopoly Regulation and Fair trade Act had enabled us to presume cartel by proving two facts; the external conformity of actions and the restriction on competition. However, the 2007 amendment of the Act makes us concentrate on the agreement. Information exchange is considered as the agreement itself or the circumstance evidence of agreements. Key word : information exchange, transparency in the market, proof of agreement, the regulations of cartel, conscious parallelism, concerted practices


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