콘텐츠 바로가기
로그인
컨텐츠

Category Open

Resources

tutorial

Collection of research papers and materials on development issues

home

Resources
Government and Law General

Print

Korean antitrust for proof of price-fixing : Comparative analysis with the U.S. antitrust

Related Document
Frame of Image
  • Korean antitrust for proof of price-fixing
  • Choe, Chang-Su
  • BK 21 law


link
Title Korean antitrust for proof of price-fixing
Similar Titles
Sub Title

Comparative analysis with the U.S. antitrust

Material Type Articles
Author(English)

Choe, Chang-Su

Publisher

[Seoul]:BK 21 law

Date 2009-06
Journal Title; Vol./Issue Journal of Korean Law:vol. 9(no. 2)
Pages 38
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Original Format pdf
Subject Government and Law < General
Holding Seoul National University

Abstract

Antitrust finds competitors’ price-fixing illegal per se. Parallel pricing among competitors has been frequently observable in daily economic lives, and it becomes more and more so by virtue of technological developments and globalization in the 21st century. The question is whether the evidence tells us unlawful price-fixing is occurring. Indeed, it is one of the most challenging questions in antitrust jurisprudence, requiring tight legal standards for deriving conspiratorial price-fixing from the evidence. This article addresses Korean and the U.S. antitrust approaches to this issue by identifying and evaluating their legal devices and reasoning processes in light of relevant comparable cases of the two antitrust authorities. It argues that more practical use of legal devices is necessary to the extent that parallel pricing phenomenon may be consistent with a legitimate explanation as with a collusive explanation. This article concludes that since procedural devices may functionally minimize mistaken conclusions based on ambiguous evidence, they should be carefully employed along with reasoned analysis for competitive harm.