공정거래법의 묵시적 적용제외의 한계 — 외항 정기화물운송사업자의 운임담합 사건 판결을 중심으로 —

초록

This article analyzes the possibility and limitations of an implied exemption from the Monopoly Regulation and Fair Trade Act (MRFTA) concerning freight rate agreements among foreign container shipping operators under Article 29 of the Maritime Transport Act, with a focus on the recent Supreme Court decision on price-fixing among such operators. The Supreme Court overturned the lower court’s ruling, which had recognized an implied exemption, and clarified that unless the Maritime Transport Act explicitly excludes the application of the MRFTA, both statutes must be interpreted harmoniously. In particular, it held that the Fair Trade Commission retains its regulatory authority over unreported collusive conduct. This study conducts a comparative analysis of U.S. antitrust jurisprudence on implied exemptions and the doctrine of primary jurisdiction, as well as the Japanese Antimonopoly Act’s exemption provisions and academic interpretations. Based on the legislative intent and interpretive framework of Article 29 of the Maritime Transport Act, the paper explores the boundaries of antitrust exemption in relation to Article 116 of the MRFTA. The study aims to provide interpretive and legislative guidance for balancing competition policy and sector-specific regulation, and to offer normative standards for future similar cases.

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