@article{ART002655769},
author={JUNG JUMI},
title={Exploitative abuse by buyer power under the Korean competition law},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={89},
pages={139-164},
doi={10.31839/DALR.2020.11.89.139}
TY - JOUR
AU - JUNG JUMI
TI - Exploitative abuse by buyer power under the Korean competition law
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 89
PB - The Institute for Legal Studies Dong-A University
SP - 139
EP - 164
SN - 1225-3405
AB - 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.
KW - abuse of buyer power;exploitative abuse;price abuse;harming the consumer interests;comparative market methodology;excessiveness
DO - 10.31839/DALR.2020.11.89.139
ER -
JUNG JUMI. (2020). Exploitative abuse by buyer power under the Korean competition law. DONG-A LAW REVIEW, 89, 139-164.
JUNG JUMI. 2020, "Exploitative abuse by buyer power under the Korean competition law", DONG-A LAW REVIEW, no.89, pp.139-164. Available from: doi:10.31839/DALR.2020.11.89.139
JUNG JUMI "Exploitative abuse by buyer power under the Korean competition law" DONG-A LAW REVIEW 89 pp.139-164 (2020) : 139.
JUNG JUMI. Exploitative abuse by buyer power under the Korean competition law. 2020; 89 : 139-164. Available from: doi:10.31839/DALR.2020.11.89.139
JUNG JUMI. "Exploitative abuse by buyer power under the Korean competition law" DONG-A LAW REVIEW no.89(2020) : 139-164.doi: 10.31839/DALR.2020.11.89.139
JUNG JUMI. Exploitative abuse by buyer power under the Korean competition law. DONG-A LAW REVIEW, 89, 139-164. doi: 10.31839/DALR.2020.11.89.139
JUNG JUMI. Exploitative abuse by buyer power under the Korean competition law. DONG-A LAW REVIEW. 2020; 89 139-164. doi: 10.31839/DALR.2020.11.89.139
JUNG JUMI. Exploitative abuse by buyer power under the Korean competition law. 2020; 89 : 139-164. Available from: doi:10.31839/DALR.2020.11.89.139
JUNG JUMI. "Exploitative abuse by buyer power under the Korean competition law" DONG-A LAW REVIEW no.89(2020) : 139-164.doi: 10.31839/DALR.2020.11.89.139