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연구논문

온라인상 割引販賣에 관한 比較法的 考察 - 약탈적 가격규제를 중심으로 -

원문정보

A Regulation on a discount sale on On-line - at focused on predatory pricing -

온라인상 할인판매에 관한 비교법적 고찰 - 약탈적 가격규제를 중심으로 -

孫永和

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초록

영어

As one of the problems of Fair Trade Laws are the a discount sale on on-line. Our country Fair Trade Laws should regulate what is called continuous predatory pricing and rival exclusion predatory pricing. But the United States, Great Britain and EU should demand a recoupment(supplement standard) in predatory pricing. The usual predatory pricing promotes competition and increases consumer profits. Probably, regulation of predatory pricing must limit and
accept when the bargain sale company has the power of raising a price after eliminating a rival with predatory pricing. The requirements for regulation on Fair Trade Laws in predatory
pricing which is not clear. It is necessary to clarify to these. First, it is just going to accept chiefly which is less than an average variable cost as the fundamental figure of predatory pricing in the United States, Great Britain and EU. It is because a price setup which is less than an average variable cost can be considered only by trying to compensate the portion from which it suffered the damage after that after eliminating the rival by the event of market power. Second, although it exceeds the average variable cost, it is a price which is less than an average total cost. The United States has not done the problem such an act. But the intention of a doer is
seen, and the illegality of an act is judged in Great Britain and EU. It is necessary to set to analyze a price in network industry, and to reflect the economic reality nature of network industry. That is, the expense structure in network industry has common fixed expense very higher than the usual industry. And the variable cost in the case of providing electric communications Service is low compared with the variable cost in the usual industry. Therefore, it will set to conduct expense analysis and it will be said that a suitable time structure's being required. And a time structure extremely called a short period or long period of time are not suitable.

목차

I. 序論
 II. 온라인상 할인판매와 관련한 공정거래법상 문제
 III. 약탈적 가격설정에 대한 각국의 규제
 IV. 약탈적 가격설정에 대한 바람직한 규제방안
 V. 결론
 참고문헌
 Abstract

저자정보

  • 孫永和 손영화. 선문대학교 법과대학 법학과 교수, 법학박사

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