판매목표 강제의 위법성 판단에 대한 연구

This thesis aims to analyze one of the well-known vertical restraints on the distribution market, namely, “mandatory sales quota.” Mandatory sales quotas are illegal under the current Fair Trade Act (Antitrust law) because they are anticompetitive, and abusive of market power. The Supreme Court case law requires that the vertical counterpart be injured by the conduct. However, the case law fails to consider the effects of such conduct on the market. Therefore, in cases dealing with abuse of market power, there is a need for regulations based on the “anticompetitiveness”criteria. Accordingly, the words “unfair” or “restraint on fair trade” in the statutes should be interpreted as stemming from anticompetitiveness, and only then can we maintain consistency in the determination of illegality based on the Fair Trade Act. The factors to consider in determining “unfairness” are:(1) market conditions of the parties and the anticompetitiveness;(2) degree of market power;(3) the damages inflicted on the counterpart;(4) subjective elements such as intent, motive, and goal;(5) consumer surplus (i.e., where the consumers’ benefits outweigh the anticompetitive effects, the conduct cannot be ruled out as unfair)(6) business needs (depending on types of anticompetitive conduct)These considerations will allow Fair Trade Act to “promote competition,” rather than “protect competitors.” Hopefully such distinction, well-grounded in the antitrust law, is more widely discussed in the academic arena and in practice.