MONOPOLY REGULATION AND FAIR TRADE ACT
CHAPTER V RESTRICTIONS ON ILLEGAL CARTEL CONDUCT
조문단위인쇄
| Article 40 (Prohibition of Illegal Cartel Conduct) |
| (1) | No business entity shall agree to engage in any of the following conduct that unfairly restricts competition jointly with other business entities (hereinafter referred to as "illegal cartel conduct") by contract, agreement, resolution, or any other method or cause other business entities to do so: |
| 1. | Determining, maintaining, or changing prices; |
| 2. | Determining the terms and conditions for transactions of goods or services, or for payments of their prices or fees; |
| 3. | Imposing limitations on production, delivery, transportation, or transactions of goods or on transactions of services; |
| 4. | Imposing limitations on the area in which transactions can be made or on the other party to a transaction; |
| 5. | Hindering or imposing limitations on the establishment or extension of facilities or the installation of equipment necessary to produce goods or to provide services; |
| 6. | Imposing limitations on kinds of, and standards for, goods or services to be produced or provided; |
| 7. | Jointly performing and managing the main parts of business or establishing a company, etc. to perform and manage such parts; |
| 8. | Agreeing on a successful bidder, winning bidder, bidding price, successful bidding price, or other matters prescribed by Presidential Decree in a bidding or auction; |
| 9. | Other practices substantially restricting competition in a particular business area by hindering or imposing limitations on the business activities or the details of business of other business entities (including business entities that engage in such conduct) or by exchanging information prescribed by Presidential Decree, such as the price and the production volume. |
| (2) | Paragraph (1) shall not apply where illegal cartel conduct is performed for any of the following purposes, meets the requirements prescribed by Presidential Decree, and has been authorized by the Fair Trade Commission: |
| 1. | Industrial restructuring to address the recession; |
| 2. | Research and technical development; |
| 3. | Rationalization of terms and conditions of transactions; |
| 4. | Enhancement of the competitiveness of small and medium enterprises. |
| (3) | Matters necessary for the standards, methods, and procedures for authorization under paragraph (2) and changes in authorized matters, etc. shall be prescribed by Presidential Decree. |
| (4) | Where a contract, etc. agrees to engage in illegal cartel conduct, the contract shall be invalidated between the relevant business entities. |
| (5) | Where two or more business entities which engage in any of the conduct specified in the subparagraphs of paragraph (1), fall under any one of the following cases, it shall be presumed that they have agreed to engage in any of the conduct specified in the subparagraphs of paragraph (1) jointly among themselves: |
| 1. | Where there is a reasonable probability to deem that the business entities have jointly engaged in the conduct in light of the overall circumstances, such as the relevant business area, characteristics of goods or services, economic reasons and ripple effects of the relevant conduct, and the number of contact between business entities and their contact patterns; |
| 2. | Where there is exchange of information necessary for engaging in the conduct specified in the subparagraphs of paragraph (1) (excluding practices substantially restricting competition in a particular business area by exchanging information among the practices specified in subparagraph 9). |
| (6) | The Fair Trade Commission shall determine and publicly notify the guidelines for examination of illegal cartel conduct. |