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What should we consider to determine if tying contract between Big3 SI Co. and conglomerate company violates Anti-Trust Law?

  • Informatization Policy
  • Abbr : 정보화정책
  • 2007, 14(4), pp.102-116
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

sojung lucia KIM 1 김성수 2

1한국정보사회진흥원
2법무법인 아태

Accredited

ABSTRACT

Korea-U.S FTA shows a variety of issues in almost all the industries including software industry. Even though software industry is the one of the most open domain, there are unknown issues about Anti-Trust Law System. Big3 System Integration(SI) Co. which have substantial market share in the line commerce were blessed with continuous demand from the other share of conglomerate. Market of information systems development can be classified into 3 groups which are inner conglomerate sector, financial firm sectors, and public sector. Dominant market power in the inner conglomerate sectors may be enable SI vendors to provide secure service in other market sector. For the purpose of sustaining market share of inner conglomerate sector, an invisible tying contract or exclusive supply agreement may be offered. Assuming that the exclusive supply agreement between Big3 SI Co. and conglomerate company may be violate clayton act §3, this paper shows the relevant issues which must be considered. To offer the relevant issues, this paper examines two US. supreme cases which are related to Anti-Trust Law, and adopt the induced issues to Korean SI market domain.

Citation status

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