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Legal status of joint ventures under Korean competition law

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  • Legal status of joint ventures under Korean competition law
  • Lee, Bong-Eui
  • Seoul National University(BK 21 Law)


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Title Legal status of joint ventures under Korean competition law
Similar Titles
Material Type Articles
Author(English)

Lee, Bong-Eui

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2008
Journal Title; Vol./Issue Journal of Korean Law:vol. 8(no. 2)
Pages 21
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

This article reviews the regulatory framework for joint ventures and presents some proposals for its improvement. Korean competition law does not define a joint venture, not even a concentration from substantive points of view. An establishment of a joint venture can be assumed as either a concentration or a cartel. Therefore, there is a possibility of double control of this single behavior, which could severely threaten legal certainty and predictability. Against this background, this article attempts to define the establishment of a joint venture substantively, and it means an acquisition of joint control to a newly created company by two or more undertakings. (The rest omitted)