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@article{ART001797420},
author={송태원},
title={The need to regard fairness in cartel penalty},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2013},
number={60},
pages={223-251}

TY - JOUR
AU - 송태원
TI - The need to regard fairness in cartel penalty
JO - DONG-A LAW REVIEW
PY - 2013
VL - null
IS - 60
PB - The Institute for Legal Studies Dong-A University
SP - 223
EP - 251
SN - 1225-3405
AB - Conventionally, businesses agreeing on price terms are regarded as unfairly attempting to restrict competition in the market through the creation of a cartel, and were penalized with a surcharge under the category of “very serious offense.”However, the common purpose of setting prices can affect the market in different ways depending on the degree of bargaining power held by the transaction partners, and thus whether to impose a penalty should be determined according to the degree by which competition is lessened, and even when a penalty is imposed, the motives and reasons for the agreement, as well as any applicable background information, should also be considered. Imposing penalties on such agreements with the single yardstick that they limit competition could lead to law enforcement attempting to “protect the freedom of competition”. In other words, before judging a pricing agreement as illegal, the criteria of unfairness and values other than freedom of competition should be considered as well. In addition, when penalties are imposed, not only the specific lessening of competition, but other values related to the reasons and motives behind the common action should be taken into account. In this way, more rational regulation of cartels can be assured by assessing appropriate penalties on gains that may conflict with fair competition.
KW - monopsony;cartel;restricting competition;unfairness;penalty
DO -
UR -
ER -

송태원. (2013). The need to regard fairness in cartel penalty. DONG-A LAW REVIEW, 60, 223-251.

송태원. 2013, "The need to regard fairness in cartel penalty", DONG-A LAW REVIEW, no.60, pp.223-251.

송태원 "The need to regard fairness in cartel penalty" DONG-A LAW REVIEW 60 pp.223-251 (2013) : 223.

송태원. The need to regard fairness in cartel penalty. 2013; 60 : 223-251.

송태원. "The need to regard fairness in cartel penalty" DONG-A LAW REVIEW no.60(2013) : 223-251.

송태원. The need to regard fairness in cartel penalty. DONG-A LAW REVIEW, 60, 223-251.

송태원. The need to regard fairness in cartel penalty. DONG-A LAW REVIEW. 2013; 60 223-251.

송태원. The need to regard fairness in cartel penalty. 2013; 60 : 223-251.

송태원. "The need to regard fairness in cartel penalty" DONG-A LAW REVIEW no.60(2013) : 223-251.