중국 반독점법상 카르텔 규제에 관한 고찰 (A Study on Cartel Regulation in Anti-Monopoly Law of the People’s Republic of China)

서지정보

· 발행기관 : 한중사회과학학회
· 수록지 정보 : 한중사회과학연구 / 10권 / 2호 / 67 ~ 87페이지
· 저자명 : 윤상윤

초록

The Anti-Monopoly law of the People’s Republic of China (Anti-Monopoly Law) has been enacted at July 30th, 2007 and became effective since first of August, 2008. Businesses as subjects to the regulatory, especially those participating in Chinese market are focusing the actual enforcement of the law. Since the law took effect, antitrust agencies of China established enforcement regulations of each behavior. In case of cartel, State Administration for Industry and Commerce of the People’s Republic of China(SAIC) and National Development and Reform Commission(NDRC) is in process of legislation which includes procedural rules and assessment guidance since 2009 and 2010, respectively.
SAIC and NDRC enacted two enforcement regulations-“Enforcement Regulations for the Industry and Commerce Administrations on the Prohibition of Monopolistic Agreements” and “Enforcement Regulations on Anti-price Monopoly”-in December,2010. After the antitrust enactment, legislation of enforcement regulations or guideline to improve the domestic and foreign predictability of the law was required. In addition, there were criticisms that actual execution of the law is not available without concrete enforcement regulations. Considering the legislation status of cartel-related enforcement regulations, it is expected that both enforcement agencies would execute the law to cartels shortly, based on the anti-monopoly and enforcement regulations of cartel. When anti-monopoly agency of China diversify from regulating only the mergers and turns to actively restrict the misuses of dominant position of the market and cartels, businesses penetrated in Chinese market including Korean corporations would face with a new legal problem. Therefore, an in-depth study of cartel-related enforcement regulations within the present Anti-Monopoly Law is warranted.

영어초록

The Anti-Monopoly law of the People’s Republic of China (Anti-Monopoly Law) has been enacted at July 30th, 2007 and became effective since first of August, 2008. Businesses as subjects to the regulatory, especially those participating in Chinese market are focusing the actual enforcement of the law. Since the law took effect, antitrust agencies of China established enforcement regulations of each behavior. In case of cartel, State Administration for Industry and Commerce of the People’s Republic of China(SAIC) and National Development and Reform Commission(NDRC) is in process of legislation which includes procedural rules and assessment guidance since 2009 and 2010, respectively.
SAIC and NDRC enacted two enforcement regulations-“Enforcement Regulations for the Industry and Commerce Administrations on the Prohibition of Monopolistic Agreements” and “Enforcement Regulations on Anti-price Monopoly”-in December,2010. After the antitrust enactment, legislation of enforcement regulations or guideline to improve the domestic and foreign predictability of the law was required. In addition, there were criticisms that actual execution of the law is not available without concrete enforcement regulations. Considering the legislation status of cartel-related enforcement regulations, it is expected that both enforcement agencies would execute the law to cartels shortly, based on the anti-monopoly and enforcement regulations of cartel. When anti-monopoly agency of China diversify from regulating only the mergers and turns to actively restrict the misuses of dominant position of the market and cartels, businesses penetrated in Chinese market including Korean corporations would face with a new legal problem. Therefore, an in-depth study of cartel-related enforcement regulations within the present Anti-Monopoly Law is warranted.

참고자료

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