빅테크의 시장지배적지위 남용행위 규제에 관한 법적 쟁점과 개선 과제

Abstract

Big Tech, which refers to large technology companies, is rapidly expanding its presence in the various products and services sector, thereby harnessing digital technologies such as big data and artificial intelligence (AI). This trend is anticipated to exert a ripple effect on relevant markets in the medium to long term. However, a growing concern has arisen that this expansion could compromise fair competition within the online platform-related services sector. Based on the findings, the following institutional improvement tasks are proposed for Big Tech’s Fair Competition in the online platform market. First, addressing the practice of stifling competition through platforms by identifying and regulating Big Tech companies is imperative. This is crucial because innovation tends to decline when competitive pressures are diminished due to actions that restrict competition within Big Tech. However, to address concerns that the designation of regulatory targets may impede the innovation of new Big Tech companies, introducing a “defer ed designation system for new Big Tech companies” in parallel could be considered. Second, enacting legislation outlining the types of abusive behaviors of dominance that Big Tech may engage in within the online platform-related services sector is crucial, along with the criteria for identifying such behaviors. Given the nature of digital markets, it is possible to envision legislative proposals that would expand the prohibition of new types of misconduct under competition law. Legislation could be considered that would require Big Tech to be judged on the rule of reason when engaging in this types of behavior. Third, establishing effective measures for enforcing the extraterritorial application of the Act against overseas Big Tech companies is essential. If a penalty provision can be used to secure enforcement of administrative obligations, we believe that the penalty provision can be used as a sanction to detenoncooperation by foreign Big Tech companies, such as failure to provide data or submission of false data. Additionally, the appointment of a “domestic representative” for foreign Big Tech companies exceeding a certain size that lack a domestic address or business office must be mandated, thereby ensuring compliance with domestic laws. Moreover, implementing a parallel “extrater itorial application” would be beneficial, thus enabling the application of Korean competition law to acts committed overseas if they impact the domestic market. This study aims to improve potential issues arising from Big Tech’s foray into the online platform-related services sector and encourage innovation in digital technology