독점규제법상 특수관계인과의 기업결합에 대한 규제 가능성 검토 = A Studies On The Regulations Of The Fusion With Special Related Persons In Monopoly Regulations Act

다국어 초록 (Multilingual Abstract)

The special related persons mean that he has some relations with the concerned party of the fusions, mainly based upon the controls of business. Because the concerned party and the special related persons have already some relations based on control of business, it could be in doubt that the fusions of them could be corresponded with the essencial points, the creation of single business control of the fusions in Monopoly Regulations Act. But it is possible to take account of such a fusion, between the concerned party and the special related persons, as the fusions in Monopoly Regulations Act, as Gesetz gegen Wettbewerbsbeschrankungen in Germany has described. Korean Fair Trade Commission has treated this type of the fusions with the simplified review process. This process assumes the non-existance of competition restraints, but such assumptions could not exclude a review of competition restraints by Korean Fair Trade Commission. If the commission may carry out the review of competition restraints, it could evaluate the fusions as to horizontal, vertical and mixed one. Specially if the commission evaluate the horizontal fusions and the parties of the fusions exist in same business group, it could not be easy to acknowledge the competition restraints of the fusions, because the total market shares of these parties may not be varied. And as to mixed fusions, the possibility of the transfer of market dominant power by bundling under the convergence circumstance and the effect of the efficiency by bundling must be investigated together.

참고문헌 (Reference)

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