모바일 플랫폼 사업자의 남용행위 규제방안 연구 - 구글의 인앱결제 강제 정책을 글감으로 하여 -

Abstract

This paper discusses the measures to regulate the abuse of mobile platform operators ‘market power by writing about Google’s policy change for forced in-app payment. First, we discussed whether there is a problem of unfair competition restrictions in the app market market, considering that the source of power to change the policy of forced in-app payment in the app market market is Google’s dominance in the app market market. Regarding the act of a mobile OS operator pre-loading their app market, there is an opinion that treats the app market as a separate product from the mobile OS and approaches the issue of transfer of dominance through combined provision and unreasonable restriction of competition. Due to the nature of the smart-phone, mobile OS and app market service were viewed as integrated products in an inseparable relationship. In addition, it is difficult to see that the installation restrictions of competing app markets are measures taken with the competitive app market in mind, so that unfairness is not recognized. Next, regarding the enforcement of in-app payment, we discussed whether the enforcement of in-app payment was illegal from the beginning and whether the policy change was illegal. The forced in-app payment, which was announced from the beginning, was an asymmetric pricing strategy, and it was considered that business justification could be recognized. However, if the policy is prolonged for a considerable period, the legitimacy of in-app payment enforcement is blurred in that the investment capital can be recovered and the service supply cost can be reduced according to the technological development, and competition is unreasonable by restricting multi-homing in the payment module market. On the other hand, it was considered that there is a possibility of violating the Fair Trade Act with respect to the policy change for forced in-app payment. This is not because the forced in-app payment itself is illegal, but because after gaining dominance, it expands the subject of in-app payment without justifiable reasons, affecting prices and calculations in the related mobile content market. As a solution to the problem situation, there are discussions about explicitly stipulating the prohibition of forced in-app payment in the prohibited acts of value-added telecommunication service providers under the Telecommunications Business Act. Considering the characteristics of dynamic competition in the mobile platform market, it is suggested that the enforcement of the Fair Trade Act for each specific case as a means of enforcing the law with less effect on innovation inhibition is suggested. However, the current situation is that there is no effect because Google does not implement the mandatory policy change for in-app payment, so it may be controversial whether the Fair Trade Commission can make a preventative prohibition. If it takes considerable time and cost to restore the original state through ex post regulation after the occurrence of an illegal act in a situation where the abuse of the business operator is clearly expected, we think it is possible to issue a corrective order as a preventive prohibition by acknowledging the concern about competition restrictions.