부당한 공동행위로 인한 손해배상청구권 -공정거래법상 성립요건과 손해액 산정을 중심으로-

Cartel damage fair and free competition that the Fair-Trade Lawpursues. Nevertheless, in pursuit of profit maximization, businessmencannot always resist the temptation to commit Cartel. The number ofthe sections has been continuously increasing, and it is directpurchasers or final consumers who are damaged by Cartel. A claimfor damages in such cases is complicated by the fact that, unlike withthe claim for damages due to general illegal acts, it is not alwayseasy to calculate the damages due to Cartel, as virtual competitiveprices for them might come into question. However, it appears to bedangerous to blindly accept the results of econometric analysis incalculating damages, for the reason that it is difficult to utilize themdue to excessive expenses, time consumption, uncertainty of theeconometric analysis, and overemphasis on a defendant in theapplication of evidential data. Therefore, it is reasonable to calculatedamages in specific cases using various methods, such as thestatistical method, the standard market comparison method, as well asthe econometric analysis. Conclusively, the court should actively judge the damage recognitionsystem provided in the Article 57 of MONOPOLY REGULATION AND FAIR TRADE ACT, apply it to trial processes, and facilitate the proofof damages due to Cartel for the respective claims by enactingvarious criteria for calculating damages and by elaborating themethods to obtain opinions on the calculation of damages by the FairTrade Commission.