• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.169-209
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• 2001

As a domain name can be registered simply by filing an application for registration, disputes over the domain name between the holder of domain name and the holder of trademark increased. Since the holder of trademark who was late for registering domain name is willing to pay for the return of domain name, cybersquatters increased. Cybersqatters are not genuine users of the Internet. This article is to compare the construction of law by American Courts and by Korean Courts and to assert the creation of the law similar to the law of US as to anti-cybersqatting. American Courts applied the Trademark Act and the Anti-Dilution Act to resolve the disputes over domain name. To apply the Trademark Act, the Court required the plaintiffs to prove that the goods or the services expressed by the domain name should be identical or similar to the goods or the services represented by the trademark. However, there were many cases where the holder of domain name used it for the goods or the services irrelevant to those of the holder of trademark. Also, the Anti-Dilution Act could not successfully protect the holder of trademark from cybersquatters because it required that the trademark should be famous or distinctive. As a result, the US promulgated a new law which is designed to prohibit cybersquatters from being free of sanction by the existing laws. Korea Courts applied the Trademark Act and the Unfair Competition Prohibition Act to the cases disputing domain name. Likewise in the US, Korean Courts must cope with the issue of identity of the goods or the services, and the famousness or distinctiveness of trademark. The Courts hesitate to give a winning judgement to the holder of trademark simply because the domain name of alleged violator confused the trademark. Some scholars advocate the broadening of construction of the Unfair Competition Prohibition Act to illegalize cybersquatting but it is beyond the meaning of the law. Accordingly, it is a time to make a law similar to the Anti-Cybersquatting Act of the US. The law must be a fair and reasonable compromise to resolve the collision between system of registration of domain name and the system of registration of trademark. Some commentators advocate that the registration of domain name should be examined just as the one of trademark and to facilitate it, the Patent and Trademark Office should have jurisdiction of registration of domain name. But it abandons the distinction of domain name and trademark and results in obstructing e-commerce. By adopting the Anti-Cybersqatting Act, we can prohibit it. In other cases, we get a reasonable adjustment between the holder of domain name and the holder of trademark through the Trademark Act and the Unfair Competition Prohibition Act.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.93-125
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• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.461-490
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• 2011

The purpose of this study is to examine which factors are encouraging SMEs to participate in uTradeHub(focused on the uTrade search service) in terms of product characteristics and sourcing patterns. The three factors encouraging Trade e-Marketplaces are identified in this study. First, internal factors include the support of top management, mature of IT infrastructure. Second, external factors include the pressure of industry, industry competition, dependence of trading partners. Third perception factors are perceived Usefulness, perceived easy of use. The empirical analysis had the following results. First, it reveals that support of top management, mature of IT infrastructure, industry competition have significant influence upon uTrade Search Services. On the other hand, pressure of industry, dependence of trading partners, Perceived relative benefits are not significant variable of the participation in uTrade Search Services. Second, the factors affecting the participation in uTrade Search Services are differentiated in terms of product characteristics and sourcing patterns. And the support of top management, mature of IT infrastructure, Perceived relative benefits are emphasized very important factors affecting the participation of uTrade Search Services in SMEs. The industry competition is recognized as more important factor in horizontal market in which Spot sourcing just like Operating products is trading. On the other hands, the dependence of trading partners are significant factor in vertical market in which Systemic sourcing just like Manufacturing products is trading.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.237-256
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• 2011

A Liner Conference can be defined as "a group of two or more vessel operating carriers which provide international liner services for the carriage of cargo on a particular route or routes within specific geographical limits and which has an agreement or arrangement within the framework of which they operate under uniform or common freight rates and any other agreed conditions with respect to the provisions of the liner services". 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. The repeal of the block exemption for liner conferences and the abolition of any special EC antitrust regime for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far th the shipping industry and explains the causes of this historic changes. The abolition of Regulation 4056/86 and of the EU commitment to the UN Code of Conduct marks an historical evolution in international maritime policy, which will have an influence far beyond the EU.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.52
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• pp.73-96
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• 2011

The economic globalization has contributed the easy interchangeability of goods and services worldwide and consequently this tendency gives a great impetus to the expansion of exhibition Nowadays there is no dispute that the exhibition industry contains Export Marketing, Sales, Market Research and New product launching. This paper is trade show strategy use for export firms. Therefore, paper discusses theory of exhibition, character and utility. Moreover study to basic strategy of participate in Trade show Participate in Trade show strategies are several point. First, Trade show goal accord to firm's purpose. Second, Devise of trade show competition strategy. Third, Support of government and relevant agency. forth, Trade Show insurance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.165-188
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• 2010

The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.

• The Journal of the Korea Contents Association
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• v.16 no.9
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• pp.127-135
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• 2016

We identified a competition network which has never been studied before and investigated the relationship between centrality of participants in singing competition and their winning percentage within the competition network. We collected competition data from 'Immortal Songs: Singing the Legend', which is a Korean television music competition program, and constructed a competition network. We calculated centrality and winning percentage and analyzed their relationship using correlation analysis, regression analysis, and visualization. There are four main findings in this research. First, a competition network is a scale-free network whose degree distribution follows a power law. Second, there is a logarithmic relationship between the count of competition and closeness. Third, winning percentage converges to approximately 60% for players who have participated in more than 20 competitions. Lastly, a strength of opponents affects approximately 23% of winning percentage for players with less than 20 competitions. The academic significance of this study is that we pioneered the definition of the competition network and applied social network analysis method. Another significant contribution of this paper is that we found explicit patterns between the centrality and winning percentage, suggesting ways to improve social relationship in competition network and to increase winning percentage.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.371-393
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• 2009

The biggest issue of the current international maritime transport is that EU had decided to apply the Competition Law about Shipping Conference since 2008 and UNCITRAL Convention which is the substitute of international rules related with existing maritime transport passed UN General Assembly. This movement indicates that international rules of international maritime transport are not focusing on shipping companies or forwarders anymore but consignors. According to the current circumstances, it is time for us to convert existing shipping companies and forwarders centered rules system into consignors centered international rules system as well. Thus, this study has compared and analyzed between each country's law of Shipping Conference and Korean governing law, Ocean Shipping Act.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.1
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• pp.553-564
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• 2017

We analyzed the effects of government intervention on competition structure of telecommunication companies.. Results showed a decrease in market share difference among mobile telecommunication companies due to increased competition caused by the introduction of mobile virtual network operators (MVNO) and mobile number portability. We also found that the introduction of the MVNO caused a relaxed competition structure between network operators. Furthermore, we observed an increased subscriber influx of late adapters after the introduction of the Mobile and Service Retail Regulation Law (MRL). However, we found a gradual decrease in the competitiveness of MVNO following the introduction of MRL. In addition, the introduction of Mobile and Service Retail Regulation Law had a negative impact on customer churn as well as the financial structures of telecommunication companies.