동아시아 3국의 경쟁법 역외적용의 현황과 과제

초록

Not only the United States, the most active for exterritoriality of its own competition law, most countries such as EU, Germany, U.K., Canada and Australia including three East Asian countries of Korea, China and Japan admit exterritoriality of their own competition laws clearly in law or law enforcement. Also, each country of competition has applied exterritoriality gradually positively focusing on 'international cartel' in particular. For such situation, there was critical perspective that big powers like the U.S. abuse competition laws to protect their own markets and enterprises. However, it is now accepted as undeniable reality that cannot go against. Each subject country of competition imposes sanctions by applying its own competition law in events of international competition law that foreign enterprises are involved including international cartel separated from competition law enforcement of other countries. This article aims to examine the present condition of exterritoriality in competition laws in three East Asian countries and discuss problems to be resolved.

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