행정지도와 부당한 공동행위의 상호관계와 그 구별기준

It is theorized that, in principle, an illegal collusion is prohibited under the Competition Act, even if it was established in accordance with the administrative guidance. In doing so, the problem is that the actions of the operators who acted under Administrative Guidance of the administrative office are punished as illegal collusion. Solving these problems, the Industrial Regulatory Act and the Competition Act should seek ways to coexist in harmony, each with their original objectives. Based on this view, it should first be considered that the common purpose of the two Acts of activating market order and promoting competition is different from the approaches and means of achieving that objective. Next, the areas and standards of mutual application should be determined by considering which of the two laws achieves the goal of promoting competition more efficiently. Considering this inclusively, if illegal collusion are established in accordance with the administrative guidance, First, the Industrial Regulation Act shall be applied in the first place if the Industrial Regulation Act and the Competition Act are clearly conflicting or contradictory. Second, if it is possible to coexist without conflict, I think it should be the basis for which of the two laws is superior in efficiency. Third, in the second case, it should be taken into account that the Administrative Guidance led to illegal collusion. In other words, it considers the application exclusion, nonconformity with the composition requirements, justification for illegal act and exemption and reduction from responsibility in applying illegal collusion in consideration of the specific facts and circumstances.