{"title":"大企业集团内部交易的排他性效应","authors":"Yangsoo Jin","doi":"10.1080/1226508X.2020.1745085","DOIUrl":null,"url":null,"abstract":"ABSTRACT Antitrust law in Korea regulates internal transactions by the owner and his family, or ‘Person with Special Interest (PSI)’ of a large business group. Its regulatory grounds, however, are not well-established. This paper analyses internal transactions from the perspective of competition policy, particularly, exclusionary effects. Internal transactions between the upstream- and downstream-affiliates of a business group shrink the size of the upstream market and hence squeeze the profitability of potential entrants. Thus, it may exclude the entrants which, absent the transactions, would enter the market and contribute to consumers. In addition, it may lead to a breach of the fiduciary duty of PSI. We provide some policy implications by analysing the optimal behaviour of PSI.","PeriodicalId":1,"journal":{"name":"Accounts of Chemical Research","volume":"48 1","pages":"251 - 272"},"PeriodicalIF":16.4000,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"Exclusionary Effects of Internal Transactions of Large Business Groups\",\"authors\":\"Yangsoo Jin\",\"doi\":\"10.1080/1226508X.2020.1745085\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Antitrust law in Korea regulates internal transactions by the owner and his family, or ‘Person with Special Interest (PSI)’ of a large business group. Its regulatory grounds, however, are not well-established. This paper analyses internal transactions from the perspective of competition policy, particularly, exclusionary effects. Internal transactions between the upstream- and downstream-affiliates of a business group shrink the size of the upstream market and hence squeeze the profitability of potential entrants. Thus, it may exclude the entrants which, absent the transactions, would enter the market and contribute to consumers. In addition, it may lead to a breach of the fiduciary duty of PSI. We provide some policy implications by analysing the optimal behaviour of PSI.\",\"PeriodicalId\":1,\"journal\":{\"name\":\"Accounts of Chemical Research\",\"volume\":\"48 1\",\"pages\":\"251 - 272\"},\"PeriodicalIF\":16.4000,\"publicationDate\":\"2020-03-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Accounts of Chemical Research\",\"FirstCategoryId\":\"96\",\"ListUrlMain\":\"https://doi.org/10.1080/1226508X.2020.1745085\",\"RegionNum\":1,\"RegionCategory\":\"化学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"CHEMISTRY, MULTIDISCIPLINARY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Accounts of Chemical Research","FirstCategoryId":"96","ListUrlMain":"https://doi.org/10.1080/1226508X.2020.1745085","RegionNum":1,"RegionCategory":"化学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"CHEMISTRY, MULTIDISCIPLINARY","Score":null,"Total":0}
Exclusionary Effects of Internal Transactions of Large Business Groups
ABSTRACT Antitrust law in Korea regulates internal transactions by the owner and his family, or ‘Person with Special Interest (PSI)’ of a large business group. Its regulatory grounds, however, are not well-established. This paper analyses internal transactions from the perspective of competition policy, particularly, exclusionary effects. Internal transactions between the upstream- and downstream-affiliates of a business group shrink the size of the upstream market and hence squeeze the profitability of potential entrants. Thus, it may exclude the entrants which, absent the transactions, would enter the market and contribute to consumers. In addition, it may lead to a breach of the fiduciary duty of PSI. We provide some policy implications by analysing the optimal behaviour of PSI.
期刊介绍:
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.