Abstract

[Abstract(Law)] A Study on the Reformation of Regulations of Single Conducts and the Relationships between the Abuse of the Market Dominant Power and Unfair Practices

  • DATE WRITTEN : 2020-11-02
  • WRITER : APCC
  • VIEW : 1101
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The regulation of single conduct under the Monopoly Regulations and Fair Trade Act(¡°MRFTA¡±) is mainly due to abuse of market-dominant power and unfairness, and this dual regulatory system corresponds with the core and fundamental feature of the MRFTA. Also, the regulation of the illegality of unfair trade practices is based on foundations such as competition restraints and unfairness.

Above all, with no choice but to understand the unfair practices in a pluralistic way, there is a limit to the relationship between the abuse of market-dominant power and unfair practices. In other words, it is possible to understand the relationship between the two as a special legal relationship based on an act that falls under the category of competition limitations when determining the illegality of unfair trade. However, if the difference in the purpose of the Act is due to unfairness, it is likely to be difficult to maintain an understanding of such relationship. Thus, it is inevitable to distinguish the understanding of the relationship between two conducts based on the nature of the unfair practices. Based on such understanding, the reformation of the regulatory systems of single conduct under the MRFTA.
      
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