부당한 공동행위의 성립: 사례연구

Unreasonable collaborative acts, also referred to as "cartels" are recognized as one of the most anticompetitive conducts. The harmful effects of cartels amount to significant and evident restraint on competition and thus have traditionally received strict scrutiny by most competition authorities. Since the inception of the Monopoly Regulation and Fair Trade Act (“MRFTA”) in 1981, the Korea Fair Trade Commission (“KFTC”) has also actively enforced laws against unreasonable collaborative acts. Especially since around 2004, which was declared by the KFTC as the year of cartel eradication, enforcement of cartel regulations took high priority and lead to a dramatic increase in achievements, both in quantity and quality. Through the KFTC’s active enforcement of laws, there has been increased awareness, not only among enterpriers but also among the general public, on the illegality of cartels and its consequences, which result in significant fines and strict corrective measures. It is through legal analysis and review of various individual cases that we seek to address these issues and increase our ability to recognize harmful cartel behavior. Starting with a brief review of how unreasonable collaborative acts are regulated under the MRFTA, throughout this article, actual cartel cases are analyzed that the KFTC has dealt with, grouped into categories by form of cartel. The goal of the article would be to provide those that are involved in the actual operations of a business and those that provide legal services with an understanding on the structure of cartel regulations and its applications and ultimately to provide them with the tools to be able to prevent or at least minimize business risks associated with cartel behavior.