South Korea (December 31, 2004)
Score = 25
Governed by: Monopoly Regulation and Fair Trade Act of 1980 and amendments. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2-2 extends scope overseas |
| 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 | ||
| 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 | ||
| 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. | |
| 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. | |
| 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 | ||
| 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
- ↑ Korea Free Trade Commission website, http://ftc.go.kr/data/hwp/(1)mrfta.doc