ICT플랫폼사업자에 대한 경쟁법 집행 해외사례

Abstract

The competitive landscape in the Information and Communications Technology (ICT) sector has changed dramatically for the past decades. New technologies and upgraded networks have given rise to new entrant competing in traditional markets with new business models and enabled the introduction of a wide array of new services and applications. As a result, competition from these new entrants, business models, and services are compelling the incumbent market players to adapt quickly. These changes have also brought a challenge to competition law enforcers and policymakers. A range of issues must be addressed to make sure that competition can continue to thrive in the ICT sector. The dynamic nature of the ICT industry poses several challenges to find out whether and/or what types of regulations are necessary in order to protect and promote competition. Such challenges have appeared through the issues related to inter-platform competition, horizontal and vertical integrations, and a new business model competition. This paper will attempt to find implications for the Korean competition law enforcement in the ICT sector by examining competitive issues arising from some recent cases across the world. In this paper, Google/Double-Click merger case, Abusive conduct of Google in the mobile platform market, and Google Books Project case are to be discussed. These cases are believed to be the cases that have recently called the most robust attention from global competition law enforcers, practicing lawyers and academics. In our view, those three cases are worth being explored as references for regulatory adaptations to the fast evolving ICT sector competition.