Kajrozga at 22:51, 21 April 2009

2009-04-21T22:51:21Z

← Older revision		Revision as of 22:51, 21 April 2009
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	'''Score = 25'''		'''Score = 25'''

	''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980, with amendments		''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980, with amendments.<ref>Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc</ref>
	<ref>Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc</ref>

	{\| class="wikitable"		{\| class="wikitable"

Kajrozga at 14:02, 24 January 2009

2009-01-24T14:02:29Z

← Older revision		Revision as of 14:02, 24 January 2009
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	'''Score = 25'''		'''Score = 25'''

	''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980 ~~and~~ amendments.		''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980, with amendments
	<ref>Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc</ref>		<ref>Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc</ref>

AchalOza at 19:00, 11 July 2007

2007-07-11T19:00:13Z

← Older revision		Revision as of 19:00, 11 July 2007
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	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 21 states that the Fair Trade Commission may order an enterpriser to discontinue an act, publicly announce the fact of receiving corrective order, or take other corrective measures.

	\|- class="categorydivision"		\|- class="categorydivision"

AchalOza at 13:00, 2 July 2007

2007-07-02T13:00:49Z

← Older revision		Revision as of 13:00, 2 July 2007
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	\| Post-merger		\| Post-merger
	\| 1		\| 1
	\| Article 12(5) says that notification must occur within 30 days of the merger.		\| Article 12(6) says that notification must occur within 30 days of the merger.

	\|- class="categorydivision"		\|- class="categorydivision"

AchalOza: New page: '''Score = 25''' ''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980 and amendments. Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc {...

2007-07-02T12:54:19Z

New page: '''Score = 25''' ''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980 and amendments. <ref>Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc</ref> {...

New page

'''Score = 25'''

''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980 and amendments.
<ref>Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 2-2 extends scope overseas

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 22 imposes fines for violations of Article 19.

|-
|
| Prison Sentences
| 1
| Article 66(1) allows the Commission to impose imprisonment for violations of Article 3-2.

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 49(2) says that any person who deems that a violation of the Act has occurred may report it.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 56 says that an enterprise that violates the Act can be liable for damages to those who were injured by the violation.

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 12(1) requires notification of mergers.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 12(5) says that notification must occur within 30 days of the merger.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 7(4)(1)(a) considers dominance

|-
|
| Restriction of Competition
| 1
| Article 7 bans mergers that have negative effects on competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 7(2) exempts mergers that promote efficiency enough to make up for the negative effects on competition.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 3-2(2) prohibits unreasonably controlling the buying and selling of goods on the market.

|-
|
| Abusive Acts
| 1
| Article 3-2 prohibits the abuse of a dominant position.

|-
|
| Price Setting
| 1
| Article 3-2(1) prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 23(1)(1) prohibits discriminatory transactions

|-
|
| Resale Price Maintenance
| 1
| Article 29 prohibits RPM.

|-
|
| Obstacles to Entry
| 1
| Article 3-2(4) prohibits acts unreasonably impeding the participation of new competitors.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 19(1)(1) prohibits price fixing.

|-
|
| Tying
| 1
| Article 3-2(2), 3-2(5) prohibit tying.

|-
|
| Market Division
| 1
| Article 19(1)(4) prohibits market division.

|-
|
| Output Restraint
| 1
| Article 19(1)(3) prohibits output restraint.

|-
|
| Market Sharing
| 1
| Article 19(1)(8) prohibits market sharing

|-
|
| Eliminating Competitors
| 1
| Article 23(1)(2) prohibits acts designed to unfairly exclude competitors.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 19(1)(8) prohibits collusive tendering

|-
|
| Supply Refusal
| 1
| Article 23(1)(1) prohibits agreements meant to refuse transactions with a certain enterprise.

|-
|
| Efficiency Defense
| 1
| Article 19(2) allows certain unfair practices for purposes of economic development and industrial rationalization.

|}

== References ==
<references />

South Korea (December 31, 2004) - Revision history

Kajrozga at 22:51, 21 April 2009

Kajrozga at 14:02, 24 January 2009

AchalOza at 19:00, 11 July 2007

AchalOza at 13:00, 2 July 2007

AchalOza: New page: '''Score = 25''' ''Governed by:'' Monopoly Regulation and Fair Trade Act of 1980 and amendments. Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc {...