Competition Advocacy of the Korean Competition Authority PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Competition Advocacy of the Korean Competition Authority PDF full book. Access full book title Competition Advocacy of the Korean Competition Authority by Dae Sik Hong. Download full books in PDF and EPUB format.
Author: Dae Sik Hong
Publisher:
ISBN:
Category :
Languages : en
Pages : 17
Get Book Here
Book Description
Market competition is not only deterred by private businesses, but is also disrupted by public regulatory interventions, regulatory legislation, and other rulemakings. However, public regulations differ from private business practices. Even when an existing public regulation may seem to contradict with the concept of market competition, it is likely that the public regulation was introduced to address a different type of market failure which competition law does not adequately cover. What might be considered anti-competitive when done by private parties may be treated differently by the government when done through public restraints. Accordingly, in many cases it is difficult to legally assign blame to a private business practice that was affected by the central or local government regulations. Thus, as to public restraints and actions of businesses pertaining to such public restraints, there was a clear need for effective facilitation for market competition via means other than enforcement of competition law. The concept that arose in response to this need is “competition advocacy,” which refers to the measures that are applied where an enforcement of competition law is deemed inappropriate. The Korean experience with competition advocacy, given the scope of power granted to the Korea Fair Trade Commission (KFTC), provides a unique experiment for a broader set of advocacy powers for competition authorities worldwide.Against this background, this article is written for the purpose of providing an overview of the substance and the application of the competition advocacy and to seek a more objective view on the competition advocacy system. In chapter II, this article analyzes the institutional framework from which the competition advocacy stems. In chapters III and IV, the article provides an overview of the KFTC's activity in the context of the relationship between competition advocacy and competition law enforcement. In chapter V, the article objectively evaluates whether the role of competition advocacy is carried out for the rightful purpose within the given institutional framework. This article concludes by considering what seems to be the lesson for other jurisdictions and suggests that the KFTC must undertake competition advocacy in a manner appropriate for promoting a pro-competitive environment.
Author: Dae Sik Hong
Publisher:
ISBN:
Category :
Languages : en
Pages : 17
Get Book Here
Book Description
Market competition is not only deterred by private businesses, but is also disrupted by public regulatory interventions, regulatory legislation, and other rulemakings. However, public regulations differ from private business practices. Even when an existing public regulation may seem to contradict with the concept of market competition, it is likely that the public regulation was introduced to address a different type of market failure which competition law does not adequately cover. What might be considered anti-competitive when done by private parties may be treated differently by the government when done through public restraints. Accordingly, in many cases it is difficult to legally assign blame to a private business practice that was affected by the central or local government regulations. Thus, as to public restraints and actions of businesses pertaining to such public restraints, there was a clear need for effective facilitation for market competition via means other than enforcement of competition law. The concept that arose in response to this need is “competition advocacy,” which refers to the measures that are applied where an enforcement of competition law is deemed inappropriate. The Korean experience with competition advocacy, given the scope of power granted to the Korea Fair Trade Commission (KFTC), provides a unique experiment for a broader set of advocacy powers for competition authorities worldwide.Against this background, this article is written for the purpose of providing an overview of the substance and the application of the competition advocacy and to seek a more objective view on the competition advocacy system. In chapter II, this article analyzes the institutional framework from which the competition advocacy stems. In chapters III and IV, the article provides an overview of the KFTC's activity in the context of the relationship between competition advocacy and competition law enforcement. In chapter V, the article objectively evaluates whether the role of competition advocacy is carried out for the rightful purpose within the given institutional framework. This article concludes by considering what seems to be the lesson for other jurisdictions and suggests that the KFTC must undertake competition advocacy in a manner appropriate for promoting a pro-competitive environment.
Author: Sang-Seung Yi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
For a relatively young agency with only a quarter-century history, the Korea Fair Trade Commission (KFTC) has achieved some remarkable success in cartel enforcement and competition advocacy. However, its track record in enforcing merger control leaves much to be desired and its recent ambitious foray into regulating unilateral conduct by global firms such as Microsoft has received a mixed review. In order to achieve its aspiration to be recognized as a global force in antitrust - for which it has already made significant progress - the KFTC should take measures to encourage private suits, strengthen its economic analysis unit, fundamentally overhaul chaebol (large Korean conglomerates) regulation, establish a Chinese wall between its investigative and adjudicative offices and personnel, and reinforce its efforts to guarantee proper procedural rights to defendants. In taking these steps, the KFTC can grow from its current new kid on the block status to a leader in global antitrust.
Author: David Lewis
Publisher: Edward Elgar Publishing
ISBN: 1781953732
Category : Law
Languages : en
Pages : 227
Get Book Here
Book Description
ÔNearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.Õ Ð Allan Fels, The Australia and New Zealand School of Government (ANZSOG) This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar. Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies.
Author: Jay Pil Choi
Publisher:
ISBN: 9781839103407
Category : Antitrust law
Languages : en
Pages : 0
Get Book Here
Book Description
Offering a comprehensive overview of the major issues that arise in the enforcement of competition laws, this book takes an interdisciplinary approach to the topic, reviewing the development of Korean competition laws and their enforcement with rigorous economic analysis. Chapters build on the Korean experience, providing guidance to the capacity-building efforts of developing countries that have recently introduced competition laws. In this exciting new book, an international team of experts compares market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada. The exploration of clear trends both in Korea and globally will prove valuable to scholars and students of industrial competition policy, and law and economics. It will also be useful to policy-makers, particularly those in developing countries, looking to better understand the issues surrounding competition law and designing future policies.
Author: D. Daniel Sokol
Publisher: Stanford University Press
ISBN: 0804791627
Category : Law
Languages : en
Pages : 302
Get Book Here
Book Description
Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector. This book, the third in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Author: D. Daniel Sokol
Publisher: Stanford University Press
ISBN: 0804782679
Category : Law
Languages : en
Pages : 307
Get Book Here
Book Description
Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
Author: R. S. Khemani
Publisher: World Bank Publications
ISBN: 9780821342886
Category : Law
Languages : en
Pages : 172
Get Book Here
Book Description
A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.
Author: R Ian McEwin
Publisher: Bloomsbury Publishing
ISBN: 1847318398
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
Author: Jay P. Choi
Publisher: Edward Elgar Publishing
ISBN: 1839103418
Category : Business & Economics
Languages : en
Pages : 232
Get Book Here
Book Description
In this exciting new book, an international team of experts compare market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of an ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada.
Author: Thomas K. Cheng
Publisher: Oxford University Press
ISBN: 0192607391
Category : Law
Languages : en
Pages : 464
Get Book Here
Book Description
This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).
