수요자의 배타조건부거래(구매)와 시장지배력 남용 문제 – 대법원 2009. 7. 9. 선고 2007두22078 판결 -
Exclusive Purchase and Abuse of Dominant Market Power: Supreme Court 2009. 7. 9. declared 2007Du22078 Decision
주진열(부산대학교)
34권, 190~214쪽
초록
In its 2009 decision in National Agricultural Cooperative Federation(NACF) v. Korean Fair Trade Commission, the Supreme Court opined that NACF’s exclusive purchase of all of chemical fertilizers(CFs) from all of manufactures amounts to undue exclusive dealing (article 3-2 (1) (v) of the Monopoly Regulation Act) that perfectly foreclosed the opportunity of potential rivals to sell CFs. However it should be noted that NACF, as an agency for farmers, neither decreased the supply of CFs nor increased the selling price to farmers. Indeed there are many evidences that shows the purpose of the exclusive purchase in question was to lower the selling price to farmers. This case raises a difficult question that even pro-competitive exclusive dealing can be a breach of the Monopoly Regulation Act if it excludes all competitors.
Abstract
In its 2009 decision in National Agricultural Cooperative Federation(NACF) v. Korean Fair Trade Commission, the Supreme Court opined that NACF’s exclusive purchase of all of chemical fertilizers(CFs) from all of manufactures amounts to undue exclusive dealing (article 3-2 (1) (v) of the Monopoly Regulation Act) that perfectly foreclosed the opportunity of potential rivals to sell CFs. However it should be noted that NACF, as an agency for farmers, neither decreased the supply of CFs nor increased the selling price to farmers. Indeed there are many evidences that shows the purpose of the exclusive purchase in question was to lower the selling price to farmers. This case raises a difficult question that even pro-competitive exclusive dealing can be a breach of the Monopoly Regulation Act if it excludes all competitors.
- 발행기관:
- 한국경쟁법학회
- 분류:
- 기타법학