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@article{ART002112146},
author={Hong Myung Su},
title={Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2016},
number={71},
pages={85-114}

TY - JOUR
AU - Hong Myung Su
TI - Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer
JO - DONG-A LAW REVIEW
PY - 2016
VL - null
IS - 71
PB - The Institute for Legal Studies Dong-A University
SP - 85
EP - 114
SN - 1225-3405
AB - on the basis of competition restraints in Monopoly Regulations and Fair Trade Act(hereafter MRFTA). 5 types of combination of undertakings are suggested on article 7 clause 1 in MRFTA, and a business transfer belongs to the types of combination of undertakings. The arguments about the combination of undertakings have been progressed from the perspective of the combination itself, that is the formation of single control, but the features and contents of the concrete types of combination of undertakings have been excluded from the combination arguments. In the case of business transfer, the transferer will be ultimately removed from the merged entity. Consequently the transferer will not be included in the range of the evaluations of the competition restraints of the combination of undertakings from the perspective of merger specific, and not be the object of the remedial measures by the Korean Fair Trade Commission(hereafter KFTC), specially in the imposition of behavioral remedy. In the case of the combination between Microsoft and Nokia, KFTC has excluded a transferer, Nokia from the evaluations and remedial measures, and this approach will correspond to juridical legitimacy and competition policy.
KW - combination of undertakings;business transfer;merged entity;merger specific;remedial measures
DO -
UR -
ER -

Hong Myung Su. (2016). Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer. DONG-A LAW REVIEW, 71, 85-114.

Hong Myung Su. 2016, "Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer", DONG-A LAW REVIEW, no.71, pp.85-114.

Hong Myung Su "Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer" DONG-A LAW REVIEW 71 pp.85-114 (2016) : 85.

Hong Myung Su. Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer. 2016; 71 : 85-114.

Hong Myung Su. "Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer" DONG-A LAW REVIEW no.71(2016) : 85-114.

Hong Myung Su. Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer. DONG-A LAW REVIEW, 71, 85-114.

Hong Myung Su. Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer. DONG-A LAW REVIEW. 2016; 71 85-114.

Hong Myung Su. Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer. 2016; 71 : 85-114.

Hong Myung Su. "Study on the Range of Evaluation and Remedial Measures about the Combination of Undertakings by Business Transfer" DONG-A LAW REVIEW no.71(2016) : 85-114.