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Exploitative abuse by buyer power under the Korean competition law

  • DONG-A LAW REVIEW
  • 2020, (89), pp.139-164
  • DOI : 10.31839/DALR.2020.11.89.139
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : October 16, 2020
  • Accepted : November 30, 2020
  • Published : November 30, 2020

JUNG JUMI 1

1서울대학교 법학연구소

Accredited

ABSTRACT

Under the Korean competition law, there are few cases of prohibiting exploitative abuse by buyer power. In addition, it is difficult to prove the illegality of the abuse. However, dominant company which has buyer power is able to exploit the interest of trading partners and reduce the incentives of innovation of suppliers, consequently harming the consumer welfare. Furthermore as the buyer power enhances its market power, competition in the market shall be prohibited or restricted. The regulation of the exploitation of buyer power in the distribution market or online platform market should be increased. I critically review the Korean competition law and enforcement decree are not suitable to regulate buyer power. Secondly it is not appropriate to require to prove the intention of exploitation, citing Posco case. Lastly, comparative market methodology should be mostly used to determine the illegality of buyer power.

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