EC 경쟁법상 과징금 산정 기준 검토

초록

The fine was introduced to Korea through the Fair Trade Act for the first time. Such fines are a means of ensuring the fulfilment of duties prescribed by law. The calculation of fines under the Fair Trade Act shall take into account the contents, degree, duration, and number of violations, as well as the profits acquired as breaches. However, since it is not easy to calculate a fine in theory or practice, there have been several studies related to this. However, unlike previous studies, this article reviewed the way the EC Commission and EC courts calculate fines through case studies. The EC Commission shall determine the fine on the basis of its Regulations. On the other hand, the EC Court has the right to calculate the fine independently, apart from determining the fine by the EC Commission. In addition, the EC Court's ruling indicated that: ① In accordance with the stipulations that a fine or performance levy may be revoked, reduced, or increased, the EC Court may not only attribute the fine, but may also increase the amount of the fine. ② It is also possible to double the amount underlying the calculation of fines, taking into account the size of the entity's sales. ③ The objective of curbing off illegal activities by imposing fines should not be determined solely on the basis of the individual circumstances of the operator to which the penalty is imposed. ④ A repeat of a breach is not limited to a repeat of the breach in the same goods market.

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