비가담 공적 기업의 행동을 이용한 가격 담합의 검증: 배합사료 사건을 중심으로

This study tests the existence of price-fixing behaviors in the recently concluded case of formula feed collusion. Specifically, this study compares the price behavior of the private firm that participated in the suspicious activity and the public firm that did not participate. In collusion cases in reality, the approach of comparing the behavior of participating and non-participating firms is not used frequently because of concerns about the existence of the so-called ‘umbrella effect’. However, in the case, the possibility of an umbrella effect is not high because the non-participating firm is a public firm with limited profit-seeking activities. Focusing on this, this study confirmed that the public firm acted competitively during the suspected period, and further confirmed that the price behavior of the private firm suspected of collusion was not different from that of the public firm. These results are consistent with the court ruling, which did not recognize the existence of the agreement or its execution. This study provides a useful guide for the analysis of cartel cases that may occur in a similar market, that is, a market where private and public firms coexist.