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신용카드네트워크 관련 경쟁법적 쟁점 및 사례 연구

A Study on Competition Law Issues and Cases Involving Credit Card Networks

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초록

Credit card industry has been growing rapidly in Korea. Recently, the reasonableness of the level of merchant discount was hotly debated among merchants and credit card issuers. In particular, small and medium retailers have complaint that the current level of merchant discount applied to them is too high and discriminatory to the disfavor of them. On the other hand, the credit card industry has responded that it is the natural outcome of the credit card market operation. The government tries to develop policy measures to lower the merchant discount rates applied to small and medium sellers already in financial distress. Also, the National Assembly passed a bill which would compel credit card issuers (acquirers included) to apply a favorable merchant discount rate which is administratively decided to a scope of small scale sellers. The credit card market has a couple of unique characteristics from competition law and policy perspectives. It is a typical two-sided market and multi-homing by consumers is a common symptom in the credit market. Under the leading competition law regimes including the United States and EU, whether the collectively decided interchange fee violates relevant competition laws has been a main issue and continually disputed in competition law proceedings. Noticeably, the Reserve Bank of Australia, the central bank of Australia has directly regulated the level of interchange fees since early 2000's. To develop sound policy measures for the credit card market, full care should be given to those characteristics and competition law and policy experience in other competition law jurisdictions.

Abstract

Credit card industry has been growing rapidly in Korea. Recently, the reasonableness of the level of merchant discount was hotly debated among merchants and credit card issuers. In particular, small and medium retailers have complaint that the current level of merchant discount applied to them is too high and discriminatory to the disfavor of them. On the other hand, the credit card industry has responded that it is the natural outcome of the credit card market operation. The government tries to develop policy measures to lower the merchant discount rates applied to small and medium sellers already in financial distress. Also, the National Assembly passed a bill which would compel credit card issuers (acquirers included) to apply a favorable merchant discount rate which is administratively decided to a scope of small scale sellers. The credit card market has a couple of unique characteristics from competition law and policy perspectives. It is a typical two-sided market and multi-homing by consumers is a common symptom in the credit market. Under the leading competition law regimes including the United States and EU, whether the collectively decided interchange fee violates relevant competition laws has been a main issue and continually disputed in competition law proceedings. Noticeably, the Reserve Bank of Australia, the central bank of Australia has directly regulated the level of interchange fees since early 2000's. To develop sound policy measures for the credit card market, full care should be given to those characteristics and competition law and policy experience in other competition law jurisdictions.

참고문헌 (21)

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  2. 이민호, "유럽집행위원회의 사례분석 및 시사점”, BC카드(주)의 조직운영에 따른 경쟁법적 쟁점의 연구", 서울대 경쟁법센터 정책세미나 자료집 (2011), 서울대 경쟁법센터
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  8. Caillaud, "Chicken & Egg: Competition among Inter- mediation Service Providers", The RAND Journal of Economics, 34(2) (2003)
  9. Dieser, "Antitrust Implications of the Credit Card Interchange Fee and an International Survey", Loy. Consumer L. Rev, 17, pp.451~ (2005)
  10. INTERIM REPORTⅠ: Payment Cards, "European Commission", ~ (2006)
  11. Communication from the Commission - Sector Inquiry under Art 17 of Regulation 1, "2003 on retail banking", European Commission, 2007
  12. U.S. Department of Justice Antitrust Division, , Business Review Letter, (75-15) (1975)
  13. OECD, "Policy Roundtables, Competition and Efficient Usage of Payment Cards" (2006)
  14. Reform of credit card schemes in Australia Ⅰ: A consultation document, "Reserve Bank of Australia", ~ (2001)
  15. Reform of credit card schemes in Australia Ⅳ: Final reforms and regulation impact statement, "Reserve Bank of Australia", ~ (2002)
  16. Reform of Australia's Payments System: Conclusions of the 2007, "2008 Review", Reserve Bank of Australia, 2008
  17. Payments System Board Annual Report, "Reserve Bank of Australia", ~ (2011)
  18. Debit and Credit Card Schemes in Australia: A Study of Interchange Fees and Access, "Reserve Bank of Australia", ~ (2000)
  19. Regulatory intervention in the payment card industry by the Reserve Bank of Australia: Analysis of the evidence, "CRA International", ~ (2008)
  20. Final Report of the Financial System Inquiry, "Wallis Committee", ~ (1997)
  21. Wildfang, "The Persistence of Antitrust Controversy and Litigation in Credit Card Networks", Antitrust L.J, 73, pp.675~ (2006)

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