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@article{ART001461070},
author={Lee, Hosun},
title={The Study on the Lack of Casuality Claims for the Merger Control},
journal={Journal of Regulation Studies},
issn={1738-7132},
year={2010},
volume={19},
number={1},
pages={99-130}

TY - JOUR
AU - Lee, Hosun
TI - The Study on the Lack of Casuality Claims for the Merger Control
JO - Journal of Regulation Studies
PY - 2010
VL - 19
IS - 1
PB - 한국규제학회
SP - 99
EP - 130
SN - 1738-7132
AB - The concentration between undertakings has pro or neutral competitive effects as well as anti-competitive effects, so it requires the competition authority to regulate very carefully the merger cases in deciding whether or not allowed under the competition law. Thus, the Monopoly Regulation and Fair Trade Act provides the merger defences which are divided into the efficiency claims and the failing firm claims. However, it should not be overlooked that the failing firm defences consists of two different kind of claims. One is related to pure failing firms, and the other referred to flailing firms. When the competition authority recognized the existence of the former defence, it should approve the merger without considering more anti or pro competitive effects, because the deterioration of the competition in the market will be inevitably occurred irrelevant to it. On the contrary, if the latter, flailing firm defence, is concerned, it is necessary to compare the anti competition effects with the pro competition effects according to the level of the overall national economy. In this article, the author tries to establish the possibilities of the lack of causality doctrine under the current guidelines on the mergers cases, and suggest how to separate the standard on the efficiency claims to limit the scope of flailing firm defences.
KW - Merger and Acquisition;Article 7 under the Monopoly Regulation and Fair Trade Act;Efficiency Defences;Failing Firm Defences;Lack of Causality Claims;Failing Firm;Flailing Firm
DO -
UR -
ER -

Lee, Hosun. (2010). The Study on the Lack of Casuality Claims for the Merger Control. Journal of Regulation Studies, 19(1), 99-130.

Lee, Hosun. 2010, "The Study on the Lack of Casuality Claims for the Merger Control", Journal of Regulation Studies, vol.19, no.1 pp.99-130.

Lee, Hosun "The Study on the Lack of Casuality Claims for the Merger Control" Journal of Regulation Studies 19.1 pp.99-130 (2010) : 99.

Lee, Hosun. The Study on the Lack of Casuality Claims for the Merger Control. 2010; 19(1), 99-130.

Lee, Hosun. "The Study on the Lack of Casuality Claims for the Merger Control" Journal of Regulation Studies 19, no.1 (2010) : 99-130.

Lee, Hosun. The Study on the Lack of Casuality Claims for the Merger Control. Journal of Regulation Studies, 19(1), 99-130.

Lee, Hosun. The Study on the Lack of Casuality Claims for the Merger Control. Journal of Regulation Studies. 2010; 19(1) 99-130.

Lee, Hosun. The Study on the Lack of Casuality Claims for the Merger Control. 2010; 19(1), 99-130.

Lee, Hosun. "The Study on the Lack of Casuality Claims for the Merger Control" Journal of Regulation Studies 19, no.1 (2010) : 99-130.