Section 23 of the Korea\'s Monopoly Regulation and Fair Trade Act imitated Section 2 sous- section 9 of the Japan\'s Monopoly Regulation Act which had modelled itself on the relevant U.S Law. On the other hand, Section 3,2 of the Korea\'s Monopoly Regulation and Fair Trade Act imitated Section 22 of the German GWB instead of Section 3 of the Japan\'s Monopoly Regulation Act which had inherited Section 2 of the U.S Sherman Act. Because of this fault in course of legal succession, unbalance has occurred in the Korea\'s Monopoly Regulation and Fair Trade Act. In this regard, it is unanimously agreed by legal scholars that the dual regulatory system of unfair trade conduct and the abusive act of the market dominant position should be modified into the unitary system. This opinion is much influenced by the Japan\'s dispute which has continuously taken place for some years. The argument of this dispute can be found by the deep investigation into Section 5 of U.S. Federal Trade Commission Act and its legal surroundings. This investigation will be very helpful for Korea\'s future legislation. In this connection, the legal structure of Section 5 of the U.S. Federal Trade Commission Act has been somewhat studied by the Korean legal scholars, which is not satisfactory to the restructuring of the relevant Korea\'s competition law.
And Scetion 2 of Korea\'s Monopoly Regulation and Fair Trade Act defines the concept of market-dominating enterprise in the simple and clear manner. So there is something to be desired in the understanding of this Section. To successfully remove the cause of this ambiguity, it is indispensable to study the relevant EU competition law which has developed rapidly. Because Section 86 of the EU Antitrust Act has been elaborately made in terms of abuse of dominant position, which deserves to be thoroughly investigated.
In conclusion, in the construction of the Korea\'s competition law, various criteria presented in Section 86 of the EU Antitrust Act can be utilized in the first place. To obtain this goal, EU competition laws and their legal surrounding should also be carefully investigated.