독점규제법상 역외적용 제한에 관한 연구 - 제약사 Hoffman-La Roche 사례를 중심으로 -

초록

According to the traditional territorial principle, each country can apply its law regardless of nationality to wrongdoings committed within its territory. On the contrary, there have been controversies about whether its law can be applied to wrongdoings committed in other countries. This issue was treated as a subject of extraterritorial application of competition law. The extraterritorial application of competition law reflects changes in the economic environment of the world. In a global economic environment, each country has tried to apply its competition law to extraterritorial wrongdoings because even conducts by foreign enterpreneurs outside its territory can impact its market directly. In particular the United States has taken the initiative and played an active role in the extraterritorial application of antitrust laws. On the contrary, the European Union, Japan or South Korea, which were late in legislating the competition law, have tried to be faithful to the traditional territorial principle and respect a state sovereign. Therefore each country has preferred to consider international comity through bilateral treaty or international organization. Despite its long held positions, each country have come to adopt so called “effects test”. The problem is that various issues related to the test have not been clearly resolved. In this paper, two cases on interpretation of the Foreign Trade Antitrust Improvement Act(FTAIA) of the United States are analyzed and both concern international cartel including a Swiss pharmaceutical corporation, F. Hoffman-La Roche Ltd.

키워드