미국의 독점규제법의 기본체계에 관한 연구

Abstract

The U.S. Antitrust Laws boast more than 100 years of history and have been recognized as the laws of leading prototype that have significantly influenced the establishment of the transnational competition law systems. The Sherman Act was the first Federal government initiated Anti-Trust Law founded in 1890 which was later complemented by the enactment of the Clayton Act and Federal Trade Commission Act of 1914, laying a concrete foundation of American Anti-trust Laws. The complementation of the three main Anti-trust Laws continued by the enactment of such ex post facto laws as the Robinson-Patman Act of 1936, the Wheeler-Lea Act of 1938, the Celller-Kefauver Act of 1950 and finally, the Hart-Scott-Rodino Antitrust Improvement Act of 1976. It is not too much to say that the enactment of laws regulating the anti-trust laws and fair trade in 1980 and the follow-up anti-trust laws in Korea were all established on the basis of the American Competition Laws in its trend and nature. Thus, the degree of influence the American Competition Laws has on our legislative policy-making is nonetheless substantial and requires a great deal of research. This paper, especially, purports to inquire about the U.S. Antitrust Law centering on the three main Anti-trust laws namely, the Sherman Act, the Clayton Act and the Federal Trade Commission Act through the review of the recent publications detailing actual legal matters and procedures.