미국 반트러스트법상의 재판매가격유지행위 규제에 관한 연구
A Study on the Resale Price Maintenance of Anti-Trust Law in U.S.
김원규(한남대학교); 우석희(한남대학교)
20권 1호, 593~626쪽
초록
The Supreme Court of the United States judged differently from existent situation in the Khan Judgment of 1997 regarding, first, best resale price maintenance. This judgment applied rule of reason instead of per se illegal that had been kept since judgment of thet Dr. Miles event in 1911. Debater by valid means that best resale price maintenance makes upper part corporation lower price of goods by lower part corporation with economy school register basis, was criticizing the application of per se illegal as insisting that do function, the Supreme Court of the United States accommodates this. Also, Dr. Miles had kept for 100 years since 1911 years in the Leegin Judgment in 2007 regarding lowest resale price maintenance. By best resale price maintenance and all lowest resale price maintenance do to apply fundamental of rationality about resale price maintenance abolishing principle of natural violation of law of Dr. Miles judgment, all competitions limited conduct(price limitation conduct and elegy standing limitation conduct) that happen in vertical business relations foretold illegality availability by principle of rationality. On the other hand, current our country exclusive possession regulation law is prohibiting best resale price maintenance in principle but permit in case that it is right reason, and is prohibiting this about lowest resale price maintenance. These regulation way sees that there is problem that all of resale price maintenance recognize process competition inhibition because restrict freedom of other person's price decision and do that remove price competition between other person businessman but corporation surrounding of this does not correspond properly in jumpy environment change. The resale price maintenance may have to see as competitive closely in point that the conduct increases consumer's juniors ultimately. Therefore, I think that we revise existing law and permit resale price maintenance in principle, but in case of limit competition control as unfair transaction is desirable.
Abstract
The Supreme Court of the United States judged differently from existent situation in the Khan Judgment of 1997 regarding, first, best resale price maintenance. This judgment applied rule of reason instead of per se illegal that had been kept since judgment of thet Dr. Miles event in 1911. Debater by valid means that best resale price maintenance makes upper part corporation lower price of goods by lower part corporation with economy school register basis, was criticizing the application of per se illegal as insisting that do function, the Supreme Court of the United States accommodates this. Also, Dr. Miles had kept for 100 years since 1911 years in the Leegin Judgment in 2007 regarding lowest resale price maintenance. By best resale price maintenance and all lowest resale price maintenance do to apply fundamental of rationality about resale price maintenance abolishing principle of natural violation of law of Dr. Miles judgment, all competitions limited conduct(price limitation conduct and elegy standing limitation conduct) that happen in vertical business relations foretold illegality availability by principle of rationality. On the other hand, current our country exclusive possession regulation law is prohibiting best resale price maintenance in principle but permit in case that it is right reason, and is prohibiting this about lowest resale price maintenance. These regulation way sees that there is problem that all of resale price maintenance recognize process competition inhibition because restrict freedom of other person's price decision and do that remove price competition between other person businessman but corporation surrounding of this does not correspond properly in jumpy environment change. The resale price maintenance may have to see as competitive closely in point that the conduct increases consumer's juniors ultimately. Therefore, I think that we revise existing law and permit resale price maintenance in principle, but in case of limit competition control as unfair transaction is desirable.
- 발행기관:
- 한국경영법률학회
- 분류:
- 법학