미국의 기업결합 시정조치에 관한 고찰

The Monopoly Regulation And Fair Trade Act (Fair Trade Act) prohibits business combinations that fractically restrict competition in a particular business area. The Fair Trade Act requires prior reporting in the case of big business combinations, and pre-examines whether to limit competition. By the way, the Fair Trade Act seeks to resolve restrictions on competition by imposing Merger Remedies when business combinations limit competition. The reason the Monopoly Regulation And Fair Trade Act regulates business combinations that restrict competition is because these business combinations distort the relevant markets and, as a result, have a negative impact on the national economy. Merger Remedies for Business Combinations include Structural Relief and Conduct Relief. Structural Relief's business combinations include merger prohibition, asset sale measures, and intellectual property rights measures. The method of Conduct Relief is restrictions on business conditions, business methods, and business scope. The regulatory agencies for Business Combinations in the United States are the Department of Justice (DOJ) and the Federal Trade Commission (FTC). This organization publishes guidelines or Merger Remedies verification reports for each Merger Remedies. Although these papers are not laws, they actually serve as criteria for reviewing Business Combinations as well as imposing Merger Remedies. In other words, the regulation of Business Combinations in the United States is regulated by the DOJ and FTC based on the Sherman Act, Federal Trade Commission Act, and Clayton Act. Among Merger Remedies, Structural Relief improves market structure by directly involved in it. On the other hand, Conduct Relief removes restrictions on competition through specific actions without affecting the market structure. Both measures are designed to eliminate restrictions on competition and must be implemented in a manner that is effective in eliminating the effects of restrictions on competition. In many foreign countries, Structural Relief is the principle, and Conduct Relief supplements Structural Relief or is used only under very special circumstances. This is because the effects of Conduct Relief do not appear immediately and the method of implementation is different in each case, making prediction difficult. Structural Relief and Conduct Relief are not in opposition to each other, but rather have a complementary relationship. Therefore, methods for effective implementation of these measures should be reviewed.