반경쟁적 효과를 판단함에 있어 시장획정이 반드시 필요한가? -시장획정과 시장지배력에 대한 미국에서의 최근의 논의를 중심으로- = Is market definition always necessary in determininganticompetitive effect? -Focused on recent discussions about market definition and market power in the United States-

다국어 초록 (Multilingual Abstract)

Based on market definition, the regulations of our country on abuse of market-dominating position and corporation merger need market definition. Thus they assume a structure judging anticompetitive effect. However, there may be an error in estimating market power according to market share and market definition because breakthrough of technique by innovation persists and market share is changeable. So in America, an argument is being posed that it must conduct market definition by several behavior types. Also an argument emerges that it doesn`t need market definition in case there is directive evidence to prove anticompetitive effect from hard core cartel ? regarded as per se illegal - to monopolization of Sherman Act 2 and corporation merger of Clayton Act 7, an argument emerges that market definition needs not. Supreme Court isn`t recognizing the discrepancy of market definition criterion by behavior types based on Monopoly Regulation And Fair Trade Act, but for the concerted practices between competitors, it presents SSNIP test as a market definition standard shown in Posco decision since Supreme Court Decision 2010 Du28939 decided February 14, 2013. But this interpretation is not accepted in general even in America and it`s the subject which even U.S. Federation Supreme Court or U.S. scholars can`t conclude easily. Therefore we need to approach it cautiously. The cases to which market definition can`t be applied based on Monopoly regulation and Fair Trade Act are following: abuse of market-domination position, corporation merger, and unfair collaborative acts. For the abuse of market-domination position and hard core cartel such as price-fixing, once actual anticompetitive effect ? price increase or reduction in output etc ? takes place, we can regard it as an element of market definition. In judging competition-restrictiveness of corporation merger, it is necessary to scrutinize the reflection of UPP test on U.S. amendment 2010 Horizontal Merger Guidelines into Our Guidelines for Merger.