A Comparative Analysis of Competition Clauses in KORUS, ROK-China FTA and TPP

Competition is an important part of the market economy. An efficient competition system can strengthen the functioning of the market and balance the interests between the consumers and the producers. So on the national level, the countries usually maintain or adopt the competition laws or policies to prevent anticompetitive practices. But there is a paradox, that is, the competition law of the country is territorial while the market is transnational. The situation is that a market practice is regarded as anticompetitive in the first country but not in the second country. On the other hand, the executive proceeding of the competition law in one country sometimes need the cooperation with the bodies of the other country, for example, to get the involved competitive information in this country's market.