• Title/Summary/Keyword: Anti-trust law

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Study of Strategic Alliance and Anti-Trust Immunity on Airline Industry (전략적 제휴와 독점금지예외조항에 관한 연구)

  • Hong, Seock-Jin;Kim, Je-Chul
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.37-56
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    • 2004
  • As part of the ongoing global process of airlines forming strategic alliances, Korean Air has become a member of the SkyTeam Alliance, while Asiana has joined the Star Alliance. However, as something akin to the Anti-Trust Immunity(ATI) initiative has not been ratified domestically, these two airlines have seen their roles within these strategic alliances significantly reduced. In keeping with its domestic airline liberalization policy the U.S. government has instituted a mechanism through which foreign airlines that join such strategic alliances with their American counterparts can be exempt from the U.S. antimonopoly law. As a result, U.S. airlines have been able to forge wide ranging cooperative relations with foreign airlines, and thus increased their competitiveness within the air transport industry. This study analyzes the applicability of this Anti-Trust Immunity initiative to the domestic environment.

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Choice of Law in International Antitrust Law (국제카르텔분쟁사건의 준거법)

  • Kim, Yong-Jin
    • Journal of Legislation Research
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    • no.44
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    • pp.801-828
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    • 2013
  • This essay provides a legislative perspective on conflict-of-laws issues in the area of antitrust law. A consistent focus on the affected market question of applicable law is possible and yields content and acceptable results. The law applicable to damages claims should follow the law applicable to the antitrust relation itself. It is problematic, however, where more than one market is affected. In my view, the European perspective provides one general lesson for us. We are not yet prepared to accept american-style of class action in the field of antitrust law, at least until the european have made their legislative decision. Nevertheless we should make our antitrust system more effective, so that it would have strong deterrence to anti-competitive conducts. In this paper I present a proposal for adoption of a international conflict of law instrument, possibly a regulation, on damages actions for breach of art. 32 Korean Anti-trust Law.

Changes in Block Exemption Applied to Maritime Transport and its Implication

  • Pak, Myong-Sop;Yoon, Yu-Ri;Hong, Ran-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.48
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    • pp.57-76
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    • 2010
  • This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. To prevent excessive competition in punctual operation and its inelastic market structure, liner shipping companies formed conferences that are protected to fix the prices under the law. In the US, deregulation in transport sector began from 80's and continuing with OSRA 1998, conferences were dissolving. On the other hand, the EU with close conference system, Regulation 4056/86 contained block exemption remained in force for unlimited time without review clause. However, in Oct 2008, the EU has announced its removal, and conferences were no longer permitted to fix the price nor exchange information. Although OSRA 1998 has already broken up conferences by allowing individual service contracts, but the repeal of the immunity for price fixing will alter significantly the rule on cooperation in the industry since it is a unilateral move by the EU, especially in transatlantic lane. There are rapid changes in shipping market getting much more complicated, and with removal of 4056/86 allowing the market to be more competitive, opening up the industry with far more diverse strategic options. Hence this paper reviews on liner shipping industry and its changes of policies over the years from protected market to open competition market of today.

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International and National Legal Experience in Combating Corruption and the Influence of Information Policy on Improving the Implementation of Anti-Corruption Measures

  • Bagdasarova, Anaid E.;Dzhafarov, Navai K.;Kosovskaya, Viktoria A.;Muratova, Elena V.;Petrova, Irina A.;Fedulov, Vyacheslav I.
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.169-174
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    • 2022
  • The purpose of the study is to research the legal nature and essence of corrupt behavior, as well as the international and national legal aspects of the fight against corruption. The article discloses the relation between the factual results of the operation of anti-corruption normative and legal acts and the goals and objectives for which they were adopted. The effectiveness of the regulatory effect and quality of anti-corruption legislation is determined by the example of the Russian Federation. The article provides an analysis of theoretical aspects of the theory and history of the formation and development of anti-corruption legislation (on the example of Russia and some other countries, as well as international legal norms) giving several practical examples from foreign legislation demonstrating the structure of the system of government bodies battling against corrupt behavior (including its latent forms). The authors suggest that there is a need for a unified conception of information and propaganda support of state anti-corruption activities. This will make it possible to inform the population that the state is actively working to prevent corruption threats and to bring perpetrators to justice, as well as contribute to citizens' trust in the state policy in this area. At the same time, it is necessary to regularly inform the citizens about the provisions of the anti-corruption legislation, explaining the importance of their observance.

N-ary Information Markets: Money, Attention, and Personal Data as Means of Payment

  • Stock, Wolfgang G.
    • Journal of Information Science Theory and Practice
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    • v.8 no.3
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    • pp.6-14
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    • 2020
  • On information markets, we can identify different relations between sellers and their customers, with some users paying with money, some paying with attention, and others paying with their personal data. For the description of these different market relations, this article introduces the notion of arity into the scientific discussion. On unary information markets, customers pay with their money; examples include commercial information suppliers. Binary information markets are characterized by one market side paying with attention (e.g., on the search engine Google) or with personal data (e.g., on most social media services) and the other market side (mainly advertisers) paying with money. Our example of a ternary market is a social media market with the additional market side of influencers. If customers buy on unary markets, they know what to pay (in terms of money). If they pay with attention or with their personal data, they do not know what they have to pay exactly in the end. On n-ary markets (n greater than 1), laws should regulate company's abuse of money and-which is new-abuse of data streams with the aid of competition (or anti-trust) laws, and by modified data protection laws, which are guided by fair use of end users' attention and data.

International Competition Order and Fairness Society for 21st Century: Focusing on the USA, EU, Japan, and Korea (21세기 국제경쟁질서와 공정사회의 고찰: 미국, EU, 일본, 한국을 중심으로)

  • Joo, Ro jong
    • International Area Studies Review
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    • v.16 no.1
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    • pp.123-146
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    • 2012
  • In this paper, we did on the new theory, policy, institution and legal research on the international competition order and justice society for 21st century. At first, we introduced the basic of competition law for fairness of trade in the new international market order under WTO. Secondly, we are researched on the economic approach of the competition law, market competition order and justice society in the new globalism. Third, we studied the international circumstance through the analysis of the patterns of the anti-competition practices and the regulation systems for competition order. We also reviewed the execution criteria and precedents of the fairness theory and competition laws in the USA, EU, Japan, and Korea, briefly. Finally, we presented to the alternative policies that based on our study about the new theory, policy, institution, competition law in opinion from reach the international market competition, fairness society and economic justice for 21st century under WTO.

An Analysis of the Imported Consumer Goods Distribution Sector of Korea: From a Vertical Structure Viewpoint (수입소비재(輸入消費財) 유통구조(流通構造)의 효율화(效率化) 방안(方案))

  • Nam, Il-chong
    • KDI Journal of Economic Policy
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    • v.13 no.1
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    • pp.3-33
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    • 1991
  • Since the early 1980's, the Korean government has gradually been widening the Korean market to foreign consumer goods. This, combined with the increased purchasing power of the Korean consumers resulting from the continued economic growth of the country, has sparked a spectacular influx of foreign consumer goods into Korea, ranging from BMW's to chopsticks. Import of foreign consumer goods amounted to more than 6 billion dollars in 1989 and is continuing to grow at a rapid rate. The increased import of foreign consumer goods doubtlessly improved the overall welfare of the Korean consumers by providing them with a wider range of options to choose from, by lowering the prices of some of the consumer goods domestically produced, and also by forcing the producers of some Korean goods to face competition with better foreign goods, thus giving them an incentive to raise the quality of their products. However, it is agreed by most economists that this increase in general welfare has been much smaller than what they had expected at the outset. Consumer prices of most imported consumer goods are easily double the import price, and in some cases, more than treble the import prices. Further, there has not been a noticeable drop in the prices of domestically produced consumer goods. Much of the blame has been attributed to the distribution sector of Korea. The objective of this paper is to analyze the imported consumer goods distribution sector of Korea, focusing on the possible sources of the poor performance of that sector, and to make policy suggestions that could potentially increase the welfare. This paper differs from all the previous research by others on this subject in that it analyzes the imported consumer goods distribution sector of Korea as a vertical structure. The distribution sector of an imported consumer good is a vertical structure since it consists of an international market, an import stage, and domestic wholesale and retail markets, in that order vertically. Our study naturally includes the analysis of the vertical restraints as well as the analysis of the industrial organization of each horizontal stage in the vertical structure. Each horizontal component of the imported consumer goods distribution sector is basically a monopolistically competitive market differentiated by characteristics of goods and by the locations and the services of firms. Further, restrictive dealership and resale price maintenance are found to be widely in use. Our main findings are the follwing; First, most consumer goods are imported monopolistically or oligopolistically through restrictive dealership contracts between foreign producers and domestic importers. Such restrictive dealership gives importers market power in the domestic market and explains many of the large discrepancies betwen the consumer prices and the import prices of many goods. Korean anti - trust law does not cover the issues arising from the market power of an importer resulting from a restrictive dealership contract. Second, some major producers of Korean goods are also importers of foreign goods that are substitutes of their products. The import of substitutes by major domestic producers is anti - competitive because it tends to raise the prices of both domestic goods and foreign goods, and also because it reduces the incentive of the domestic producers to raise the quality of their products. Third, wholesalers and retailers widely use resale price maintenance as a price fixing mechanism, and while this is against the anti- trust law, it seldom gets noticed. Fourth, the high level of rents of real estate for commercial use works as an entry barrier to the distribution sector and results in reduced competition by the firms in that sector. Finally, there are information problems. Consumers have inferior information to firms about the quality of a foreign consumer good that they have not tried before. Such information asymmetry often enables firms to raise prices. In addition, information asymmetry between importers frequently delays the import of cheaper substitutes. In order to alleviate the problems indentified above, we suggest the following policy changes. The government should strengthen the anti - trust law and its enforcement to regulate restrictive import contracts, import of competing goods by major domestic producers, and RPM by wholesalers and retailers that is aimed at price fixing. In addition, the government should loosen its tight real estate policy to encourage investment in the distribution sector. Finally, we suggest that the import price revelation policy that has been in use for some items since 1990 be expanded to most imported consumer goods that are introduced for the first time to give consumer better information and be used only for the period of time needed to inform sufficient number of consumers.

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A Study on the Major Country's Domestic Intelligence Operation and Architecture: Focusing on UK, USA, France and Korea (주요 국가의 국내정보 활동 및 조직체계 연구 : 영국·미국·프랑스·우리나라의 국내정보기구를 중심으로)

  • Moon, Kyeong-Hwan
    • Korean Security Journal
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    • no.41
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    • pp.153-183
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    • 2014
  • Nowadays, proactive intelligence activities are required because of enhanced nation wide threats of terrorism and complexity of multidimensional factors of national security. South Korea not only need to draw up plans of information sharing among agencies for more effective national intelligence activities, but also have to evaluate the structure of Domestic Intelligence Agency and its right direction of activities. In this vein, this paper conducts comparative studies of structures and range of activities of intelligence Agencies by reviewing U.K, U.S.A, and France cases and suggests a potential model of 'domestic information specified agency' that we can adopt and methods to share information among agencies. The focus of this paper is on the reviewing of necessity of establishing new 'domestic information specified agency' which will mainly conduct anti-terrorism and counterintelligence activities, and its appropriate form. After reviewing the cases of U.K, U.S.A. and France, we conclude that overcoming the people's distrust about an invasion of freedom and rights caused by centralized and integrated independent intelligence agency is a prerequisite. Disputable issues of FBI, DHS, and South Korea's intelligence agency cases suggest that plans for restoring trust have to be considered if a new 'domestic information specified agency' is established in NIS. If it is established under government ministries such as MSPA focusing on implementing anti-terrorism and counterintelligence activities, organizations such as NCTC, NIC, that can carry out information sharing and cooperating with agencies concerned have to be established. Additionally, measures to solve structural problems caused by carrying out law enforcement functions by domestic information specified agency should be considered.

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