시장지배적지위 남용행위로서의 가격남용과 출고조절행위

Abstract

The regulation of abuse of dominance in Korea has put much stress upon excessive pricing and output control. However, the difficulties in proving the unreasonableness of those practices have hindered rigorous regulation of them. US, EU and Germany had experienced similar difficulties and moved their focus of regulation from exploitative practices, such as excessive pricing and output control, to exclusionary practices, such as refusals to deal and predatory pricing. Thus it is recommended that the focus of the regulation of abuse of dominance in Korea should also be placed on exclusionary practices rather than exploitative ones. However, we should keep trying to develop criteria for the regulation of exploitative practices, as the concentration ratio in Korean markets has not been declined substantially despite monopoly regulation since 1981.