공정경쟁, 공정거래, 그리고 경쟁법 = Fair Competition, Fair Trade and Competition Law

다국어 초록 (Multilingual Abstract)

The prize-penalty mechanism of market awards prizes to individual behaviors that fulfill social needs and penalizes otherwise, and functions best when pursuit of private interests satisfies social needs. Selfish individual will use resources efficiently only when it pays her to do so. Fair competing power comes from efficient use of resources to generate fair bargaining power which will in turn bring due prize. The core of the competition policy must be the one that eliminates all the unfair artificial barries to entry, since the entry-barriers are the ultimate source unfair competition. In practice, however, there is a wide range of entry barriers from the position of incumbency through lawful patent or copyrights to good brand built by good past performances, each of which is neither unlawful nor easy to eliminate. Therefore the competition laws of real world mainly address to monopolization, collusion, and abuse of dominant position making use of these entry barriers. The core of competition law, however, is the elimination of the unfair entry barriers, and this trend is well-revealed in recent adoption of essential facility doctrine and compulsory licensing of patent rights.

참고문헌 (Reference)

1 Karl Marx, "http://www.marxists.org/archive/ marx/works/download/pdf/Poverty-Philosophy.pdf"

2 "The Treaty on the Functioning of the European Union"

3 Tony Freyer, "Legal Restraints on Economic Coordination: Antitrust in Great Britain and America, 1880-1920, In Coordination and Information" National Bureau of Economic Research, The University of Chicago Press 1995

4 이승훈, "2인교섭게임에서 외부기회와 교섭력" 45 (45): 273-293,