공정거래법상 착취남용의 재고-유럽에서의 최근 사례를 중심으로

Competition authorities have not shown a particular concern as to the enforcement of competition law against exploitative abuse but such enforcement in exploitative abuse cases is increasing in Europe. Theoretically, high barriers to entry and skepticism over the market’s ability to self-correct provide the need for government intervention. Among the rulings handed down by the European Court of Justice (ECJ), the United Brands case presented a standard for determining excessive pricing practices and the AKKA/LAA case provided a more clear determination standard by allocating the burden of proof on excessive pricing practices through cross-border comparisons. In 2016, the Competition and Markets Authority (CMA) in the U.K. imposed fines against excessive pricing practices and Italy’s competition authority likewise did the same. Moreover, Germany’s Federal Cartel Office (Bundeskartellamt) is presently undergoing proceedings triggered by complaints over unfair business terms. These cases in Europe reveal that intervention by competition authorities is necessary where regulatory bodies fail to properly function. Inasmuch as the Monopoly Regulation and Fair Trade Act of Korea (hereafter “Fair Trade Act”) narrowly enumerates the types of exploitative abuse proscribed by the said Act, enforcement of competition law may prove to be a challenge if exploitative abuse cases observed in Europe were to occur in Korea. Against such background, there is a need to amend the Fair Trade Act to accurately understand the impact of and effectively enforce against exploitative abuse.