Changing markets have generated an increasing variety and use of horizontal cooperation. More complete and updated guidance is need to improve transparency regarding the applicability of Article 19 Korean Fair Trade Act in this area.
Like U.S.A. and EU competition agencies, Korean Fair Trade Commission(KFTC) made「Guidelines for Collaborative Acts」 including analytical framework for collaborative acts. According to the Guidelines, KFTC can analyse anti-competitive effects and pro-competitive benefits. Moreover the Guidelines help to analyse if a certain cooperation among competitors is illegal or not. Because horizontal cooperation can lead to substantial economic benefits.
Therefore it may not regard cooperation among competitors as hardcore cartel in applying to the Guidelines. In anti-trust analysis, Market share and market concentration may also not be considered excessively. On the other hand, KFTC has to endeavor after applying for the Guidelines step by step under the anti-trust process.