독점규제법상 리베이트 규제의 검토

A rebate means that a seller of goods discounts the price to a buyer according to the contract or agreement between seller and buyer. A rebate could distort a partner's rational judgement and have an effect on continuance or enlargement of the trade relationship. The former could raise a problem about an unfair trade and the latter could become a major cause for the exclusion of competitors. In particular a fidelity rebate could increase the risks that the latter may bring about. If a rebate will materialize these risks in a market, It is possible to regulate a rebate from the two points of view in monopoly regulation act. The regulations on a rebate as an unfair trade could be taken, based on clause 1, article 23, and the regulations on a rebate as misconduct of market dominant power could be taken, based on clause 1, article 3-2 in monopoly regulation act. Specially a rebate as misconduct of market dominant power could be treated from the point of view of an unreasonably interference in the business activities of other enterprises(3) or an engagement in unreasonable transaction to eliminate competitors(5). Finally, an examination of the relationship between unfair trade and misconduct of market dominant power must be realized.