공정거래법상 가격 전략 규제의 효율성과 한계: 부당염매와 재판매가격유지행위를 중심으로

The purpose of this study is to analyze the efficiency and limitations of price strategy regulation under the Fair Trade Act from a law and economics perspective. Focusing on predatory pricing and resale price maintenance, the study examines the legal standards and economic implications involved in determining whether such practices are anti-competitive, with the ultimate aim of proposing a balanced and improved regulatory framework. The Fair Trade Act prohibits monopolistic and unfair trade practices to promote fair and free competition. Meanwhile, companies adopt various pricing strategies, some of which may be anti-competitive. This article examines which pricing strategies constitute anti-competitive practices under the Act from a law and economics perspective. Focusing on unfair discount sales and resale price maintenance, the study finds that: (1) Not all seemingly monopolistic or unfair acts are harmful—some may enhance efficiency. The proper standard in assessing "unfairness" should be whether the pricing improves efficiency. For unfair discounting, the average avoidable cost serves as a useful benchmark; however, prices above or below the average total cost can still be efficient or inefficient, depending on the context. (2) Regulation of discounting strategies may not always yield efficiency gains and requires careful application. (3) Resale price maintenance can be justified in cases involving free-rider problems or innovation incentives, particularly when some market power exists. However, since it can resemble cartel behavior, any intervention should be cautious and efficiency-focused.