• Title/Summary/Keyword: competition law

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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.

Fair Competition: The Concept of Regulation in the Sharing Economy

  • FAJAR, Mukti
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.11
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    • pp.637-645
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    • 2020

  • A free-market economic system supported by the progress of the Industrial Revolution 4.0 has given birth to a sharing economy with a disruptive business model. In many ways, this business model is more effective, efficient, and makes it easy for businesses and consumers. However, because disruptive innovation is not asymmetrical with the conventional business that sustains innovation, several regulatory issues arise because it is fundamentally very different and cannot be regulated by standard law. Disruptive innovation may create chaos if it is regulated by norms that are used to regulate conventional business. This research was conducted with a normative method, which examines various theories, principles, laws and regulations to get justification for how the law should govern. The findings of this study are: competition law must be designed pragmatically so that it can keep pace with changes in business models that are rapidly changing. For this reason, it is necessary to shift regulatory authority from the Government to business people to make self-regulation, as a rule, that was born from the agreement of the business actors themselves. Self-regulation is considered more effective in maintaining fair competition, so that the market will be more dynamic, and consumers will be more prosperous.

  • https://doi.org/10.13106/jafeb.2020.vol7.no11.637 인용 PDF KSCI HTML

A Study on the Regulation Improvement of the Public IT Project Contract Law (공공IT 프로젝트 계약법의 제도개선에 관한 연구)

  • O, Jong-U;No, Gyu-Seong;Son, Dong-Gwon;Kim, Sin-Pyo;Lee, Geun-Bae;Park, Yeong-Min
    • 한국디지털정책학회:학술대회논문집
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    • 2005.11a
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    • pp.231-242
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    • 2005

  • The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

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A Study on Competition Limitation Clause of International License Contract (국제라이선스계약상 경쟁제한조항에 관한 연구)

  • Oh, Won Suk;Jeong, Hee Jin;Kim, Jong Kwon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.39-64
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    • 2014

  • The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

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