• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.1 no.2
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• pp.193-224
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• 2006

When we look into the market economy of our country recently, we learn that the mind of consumption after IMF crisis is very shrunk and the market is led into a serious slump of consumption. For an approach to survive the contraction of the market and the market competition, enterprises command a variety of sales promotion strategy, out of which presentation is a sales promotion strategy to give the same product. The price-discounted strategy through the provision of donation commodity may induce the temporarily-discounted commodity not to be sold to the consumers or make a damage of the images of the brand, or arouse the price war against other companies, or lower the sense of the quality of the commodity. Therefore, it is necessary for a company to meet the end users' demand and also maintain the evaluation of the quality on the consumers' products highly. Therefore, in this study, we have attempted to study and analyze the consumers' satisfaction level and reliability on the donation goods in order to suggest the orientation of the presentation promotion strategy in accordance with the changes of the sales market. In addition, we tried to understand how the recognition, consumers' satisfaction level and reliability on the presentation goods had on the repurchase. With such objectives in this study, we could make an analogy of the following significance and suggestion of study. Firstly, in order to survive a serious competition market, enterprises must execute the product presentation along with diverse events instead of commanding the sales promotion strategy through a simple product presentation. This strategy can be an alternative to lower the danger a person-to-person product presentation may bring about. That is to say, we shall not lower the quality and value of the products but enhance a new image to customers through a product donation occasion together with an event as a new marketing pioneering method. Secondly, during the period of the current economic depression, if a company provides the consumers with an opportunity free of charge through the present special event period and the practical events, it will affect the advertising effect of the goods, the introduction of the customers and customers' repurchase. For this purpose, the company has to heighten customers' preferences by selecting the items customers are liable to prefer and closely analyze the consumers' response and market for such an objective. Thirdly, with the internet age, as the market has a tendency to increase In the number of consumers who do shopping in the internet, the marketing strategy has to build up the strategy of the presentation product instead of a simple offline strategy. For example, a company shall have to draw attention or attraction from end users who intend to do shopping through the online by a product planning expo or a presentation product corner. Fourthly, the excessive sale promotion strategy of presentation products may bring about even a reverse effect on the value of the goods or consumers' attitude as seen above. Therefore, a company has to relay' the value as to the price' to the consumers instead of the sales promotion strategy of donation products just for a temporary sales volume. Conclusively, even if we put the value with a reasonable price through the presentation product strategy in the past, we shall have construct the strategy by providing some plus factors in the price such as the provision of the upgraded products or services instead of just presentation, or the invitation of the events related to diverse events or culture arts from now on.

• 한국벤처창업학회:학술대회논문집
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• 2007.04a
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• pp.375-404
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• 2007

When we look into the market economy of our country recently, we learn that the mind of consumption after IMF crisis is very shrunk and the market is led into a serious slump of consumption. For an approach to survive the contraction of the market and the market competition, enterprises command a variety of sales promotion strategy, out of which presentation is a sales promotion strategy to give the same product. The price-discounted strategy through the provision of donation commodity may induce the temporarily-discounted commodity not to be sold to the consumers or make a damage of the images of the brand, or arouse the price war against other companies, or lower the sense of the quality of the commodity. Therefore, it is necessary for a company to meet the end users' demand and also maintain the evaluation of the quality on the consumers' products highly. Therefore, in this study, we have attempted to study and analyze the consumers' satisfaction level and reliability on the donation goods in order to suggest the orientation of the presentation promotion strategy in accordance with the changes of the sales market. In addition, we tried to understand how the recognition, consumers' satisfaction level and reliability on the presentation goods had on the repurchase. With such objectives in this study, we could make an analogy of the following significance and suggestion of study. Firstly, in order to survive a serious competition market, enterprises must execute the product presentation along with diverse events instead of commanding the sales promotion strategy through a simple product presentation. This strategy can be an alternative to lower the danger a person-to-person product presentation may bring about. That is to say, we shall not lower the quality and value of the products but enhance a new image to customers through a product donation occasion together with an event as a new marketing pioneering method. Secondly, during the period of the current economic depression, if a company provides the consumers with an opportunity free of charge through the present special event period and the practical events, it will affect the advertising effect of the goods, the introduction of the customers and customers' repurchase. For this purpose, the company has to heighten customers' preferences by selecting the items customers are liable to prefer and closely analyze the consumer's response and market for such an objective. Thirdly, with the internet age, as the market has a tendency to increase in the number of consumers who do shopping in the internet, the marketing strategy has to build up the strategy of the presentation product instead of a simple offline strategy. For example, a company shall have to draw attention or attraction from end users who intend to do shopping through the online by a product planning expo or a presentation product corner. Fourthly, the excessive sale promotion strategy of presentation products may bring about even a reverse effect on the value of the goods or consumers' attitude as seen above. Therefore, a company has to relay 'the value as to the price' to the consumers instead of the sales promotion strategy of donation products just for a temporary sales volume. Conclusively, even if we put the value with a reasonable price through the presentation product strategy in the past, we shall have construct the strategy by providing some plus factors in the price such as the provision of the upgraded products or services instead of just presentation, or the invitation of the events related to diverse events or culture arts from now on.