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Title: Private enforcement of competition law : devising the best rules and procedures for Korea in the right of experience in the US, EU and UK
Author: Jang, Hye-Lim
ISNI:       0000 0004 2688 6014
Awarding Body: University of Bristol
Current Institution: University of Bristol
Date of Award: 2009
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This thesis deals with the issue of what would be the best rules and procedures that Korea could adopt in respect of the private enforcement of competition law, in particular in respect of actions for damages. Its central objective is to analyze how private enforcement could achieve the objectives of competition law such as ensuring competition and protecting consumer interests effectively. In achieving objectives of competition law, optimal enforcement through effective and efficient combination of private and public enforcement is important because it could ensure the most effective distribution of resources between private and public enforcement. In respect of private competition enforcement, Korea wishes to encourage and facilitate private enforcement. However, there is a high possibility that many problems arise over the private enforcement of competition law. The problems include the issues of standing; criteria and measurement of damage; passing on defense; indirect purchaser actions; class and representative actions; and the possible impact of private actions on public enforcement. This thesis explores the issue of the best solution to some of the most important of these issues for Korea in the context of four pervasive themes i) the objectives of competition law ii) the legal and competition law culture of Korea, iii) the relationship between public and private enforcement and iv) the experience of certain other jurisdictions (the US, the EU, and the UK). The analysis takes into account these three comparator jurisdictions for the following reasons. The US has the most mature and long-established system of competition law in the world. The EU is at a particularly interesting stage as regards private enforcement as the European Commission is actively seeking to promote it. The UK is a Member State of the EU and it is therefore useful to look at the UK as a jurisdiction in which the EU rules are actually applied. The final conclusion reached by the analysis of these three jurisdictions.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available