소규모사업자 조합에 대한 공정거래법의 적용면제 - 농업협동조합 관련 사례분석을 포함하여 -

As a general competition law, the Monopoly Regulation and Fair Trade Act(MRFTA) is applied to all business operators and industries including agriculture. However, MRFTA is not always applied to all business behavior of all business operators, and there are certain exceptions to it. In particular, it is competitive friendly that small business owners including farmers cooperative to become influential market participants against monopoly companies in stimulating the economy. Ever since its enactment in 1980, MRFTA has been providing a bloc exemption for associations of small businesses including farmers cooperatives. However, unfair business practices and collusive acts among such association and its member that result in restraint of trade and price increase are not exempt. Furthermore one bad apple theory strictly prevails in FTC enforcement and Judicial decisions as to the qualification of 'small business'. Especially it is true that Article 60 of MFTRA has been a dead letter for agricultural cooperatives, as those cooperatives composed of farmers, ranchmen, planters, fruit producers including legal persons are of substantial business size and have been functioning nationwide. Herein it is necessary to examine the enforcement of Art. 60 in the perspective of comparative law for a better enforcement and rational further legislation. Review over such statutes as Capper-Volstead Act of United States and Reg. 1184/2006 of European Union also confirmed that farming and farmers organization are enjoying wide exemption from cartel law and prohibition of vertical restraints. Concerning National Agricultural Federation, its local associations and Economic Holding Company, a revision of Agricultural Cooperatives Act providing statutory exemption from collusion, vertical restraints and the prohibition of internal subsidy transactions is recommended.