디지털플랫폼의 거대·복합화에 따른 경쟁법적 문제
Competitive Legal Problems due to the Enlargement of Digital Platform
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Digital platforms are already deeply embedded in our daily lives. The need for regulation, regulatory intensity, and regulatory speed of digital platforms vary from country to country. Based on self-regulation, Korea government regulates digital platforms through the Fair Trade Act and the "Guidelines for Examination of Online Platform Operators' Abuse of Market Dominant Status". Digital platforms are pursuing large and complexity and establishing their own ecosystems, and within them, digital platforms themselves are acting as a regulator through the expansion of customer and data dominance. Among these activities of digital platforms, there are activities that are problematic under competition law. Along with the characteristics of digital platforms, this article deals with the behavior of large and complex digital platforms, i.e., gatekeeper abuse, concerns about hindering innovation through startup acquisitions, and regulations on predatory prostitution. What these problems have in common is that under the current law, it is difficult to effectively regulate these problems of digital platforms. Therefore, it may be necessary to revise the current legal analysis framework. In addition, while maintaining regulations on digital platforms as a whole, there will be situations in which innovation should be considered more than before when judging the illegality of individual actions. In addition, it should be kept in mind that self-determination protection of market participants is a major function of competition law.
Abstract
Digital platforms are already deeply embedded in our daily lives. The need for regulation, regulatory intensity, and regulatory speed of digital platforms vary from country to country. Based on self-regulation, Korea government regulates digital platforms through the Fair Trade Act and the "Guidelines for Examination of Online Platform Operators' Abuse of Market Dominant Status". Digital platforms are pursuing large and complexity and establishing their own ecosystems, and within them, digital platforms themselves are acting as a regulator through the expansion of customer and data dominance. Among these activities of digital platforms, there are activities that are problematic under competition law. Along with the characteristics of digital platforms, this article deals with the behavior of large and complex digital platforms, i.e., gatekeeper abuse, concerns about hindering innovation through startup acquisitions, and regulations on predatory prostitution. What these problems have in common is that under the current law, it is difficult to effectively regulate these problems of digital platforms. Therefore, it may be necessary to revise the current legal analysis framework. In addition, while maintaining regulations on digital platforms as a whole, there will be situations in which innovation should be considered more than before when judging the illegality of individual actions. In addition, it should be kept in mind that self-determination protection of market participants is a major function of competition law.
참고문헌 (33)
- 공정거래위원회, "2022년판 공정거래백서" (2022)
- 권오승, "계약자유와 공정거래", 경쟁법연구, 40, pp.117~141 (2019), 한국경쟁법학회[DOI]
- "온라인 플랫폼 자율규제 관련 동향" (2022), 법률신문[URL]
- "온라인 플랫폼 ‘자율규제’는 한계… 독점적 행위 규제해야" (2023), 법조신문[URL]
- 정호열, "경제법" (2022), 박영사
- Asher Schechter, "Google and Facebook’s “Kill Zone”: “We’ve Taken the Focus Off of Rewarding Genius and Innovation to Rewarding Capital and Scale”", ~ (2018)
- "ProMarket"[URL]
- Bork, Robert, "What Does the Chicago School Teach about Internet Search and the Antitrust Treatment of Google?", Journal of Competition Law & Economics, 8(4) (2012)
- Digital Conglomerates and EU Competition Policy, "Bourreau, Marc", CERRE, ~ (2019)
- Competition Policy for the Digital Era, "Crémer, Jacques", European Commission, ~ (2019)
- Eisenmann, Thomas R., "Platform Envelopment", Strategic Management Journal, 32(12) (2011)
- European Commission, "Antitrust: Commission Opens Investigation into Possible Anti-competitive Conduct of Amazon", Press release, ~ (2019)
- Multisided Platforms, Dynamic Competition, and the Assessment of Market Power for Internet-Based Firms, "Evans, David", Chicago Coase-Sandor Institute for Law and Economics, ~, pp.Chicago Coase-Sandor Institute for Law and Economics Working Paper No.753 (2016)
- Some Economic Aspects of Antitrust Analysis in Dynamically Competitive Industries, "Evans, David", NBER, ~, pp.NBER Working Paper No. 8268 (2001)
- EU Competition Law Goals and the Digital Economy, "Ezrachi, Ariel", Oxford Legal Studies, ~, pp.Oxford Legal Studies Research Paper No.17 (2018), 2018
- Grimes, Warren S., "Buyer Power and Retail Gatekeeper Power : Protecting Competition and the Atomistic Seller", Antitrust Law Journal, 72(2) (2005)
- Höppner, "Duty to Treat Downstream Rivals Equally: (Merely) a Natural Remedy to Google’s Monopoly Leveraging Abuse", European Competition and Regulatory Law Review, 1(3) (2017)
- Hovenkamp, Herbert, "The Warren Campaign’s Antitrust Proposals", The Regulatory Review (2019), University of Pennsylvania Car Carey Law School
- Khan, Lina M., "Amazon’s Antitrust Paradox", Yale Law Journal, 126(3) (2017)
- Khan, Lina M, "The Separation of Platforms and Commerce", Columbia Law Review, 119(4) (2019)
- Laidlaw, Emily, "A framework for identifying Internet information gatekeepers", International Review of Law, Computers & Technology, 24(3) (2010)
- Regulating ‘Platform Power’, "Lynskey, Orla", LSE Law, Society and Economy, ~, pp.LSE Law, Society and Economy Working Paper 1 (2017), 2017
- 10th amendment to the Competition Act-meeting challenges in digital and regional markets!, "Monopolkommission", ~, pp.Policy Brief (Issue 4) (2020)
- "Self-Preferencing: Yet Another Epithet in Need of Limiting Principles" (2019)[URL]
- Petit, Nicolas, "Technology Giants, the Moligopoly Hypothesis and Holistic Competition: A Primer", SSRN 2856502, ~ (2016)
- Podszun, Rupprecht, "Digital Ecosystems, Decision-Making, Competition and Consumers-On the Value of Autonomy for Competition", SSRN 3420692, ~ (2019)
- Schweitzer, "Modernisierung der Missbrauchsaufsicht für marktmächtige Unternehmen" (2018)
- "Amazon Agrees to Change Some Business Practices in E.U. Settlement" (2022)[URL]
- "공정거래위원회 재결 제2001-051호", ~ (2001)
- "BKartA, Beschl, v. 6.2.2019-B6-22", 16, 2019
- "BVerfGE 89, 214-Bürgschaftsverträge", ~
- "ECJ, 20.9.2001, C-453", 99, Courage
- European Commission, "Case 37940-Google Shopping", ~ (2017)