공정거래법의 목적 - 비교법적 고찰을 중심으로 -

Abstract

The Goals and Objectives of the Monopoly Regulation and Fair Trade Act:with Special Emphasis upon Comparative AnalysisKi Jong LeeSec. 1 of the Monopoly Regulation and Fair Trade Act (MRFTA) lists various and somewhat conflicting goals and objectives, and thus triggers disputes on its interpretation and modification. However, the MRFTA is not the only legislation that suffers from conflicting goals and objectives. The antitrust laws of the USA and the competition law of EU have experienced similar courses of controversy. And recent reports of ABA and ICN show that nations pursue a variety of goals and objectives through their competition laws. After surveying the goals and objectives of competition laws of nations, this article draws out some lessons for the MRFTA. On a gradual basis, it should place a greater weight on efficiencies and consumer welfare rather than other economic, social and political objectives. But it would be neither possible nor desirable for the MRFTA to adopt a competition policy which solely focuses on efficiencies and consumer welfare like that of the USA, as the social, political and economic background of both countries are widely different.