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‘Decision to Leave’: From Traditional Competition Law to New Digital Regulation and Potential Problems

최요섭
한국법제연구원 (Korea Legislation Research Institute)|2023.05|Korea Legislation Research Institute Journal of Law and Legislation|제13권 제1호|pp. 7-47|DOI 10.22851/kjll.2023.13.1.001

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PlatformGatekeeperCompetition LawDigital EconomyDigital Markets ActFair CompetitionMarket Dominance
주제분류법학

초록

Given the priority of digital competition and innovation, competition policy for the platform economy has developed in a noteworthy way in the past decade. Among other things, public support for a policy against large platforms has influenced vigorous enforcement of competition rules as well as adoptions of or, at least, discussions on a new sector-specific regulation in some countries. One of the key arguments for this is the present difficulty in applying competition rules to platforms. The distinctive feature of a multisided market with free services has become a notable hurdle in the implementation of competition law in the digital sector. Moreover, the emergence of various business models used by platforms has brought a debate on novel types of abusive conduct, such as self-preferencing and exploitative abuse of data privacy. The new categorisation of abuses of digital dominance, which involves new theories of harm, has become one of the burdens on enforcement agencies. Considering the complexities in applying competition rules, policymakers across the globe have considered a digital-sector regulation that contains formalistic legal measures. This trend seems a decision to leave from the existing competition law tools to new sector-specific regulations. The objective of this article is to discuss the recent developments in enforcement of competition law and the adoption of sector-specific regulations for the digital economy, especially for the EU and Korea. This article aims to suggest an appropriate direction for future policy on digital competition, with a focus on innovation and dynamic efficiency through criticism of the provisions in the EU’s Digital Markets Act.

Abstract

Given the priority of digital competition and innovation, competition policy for the platform economy has developed in a noteworthy way in the past decade. Among other things, public support for a policy against large platforms has influenced vigorous enforcement of competition rules as well as adoptions of or, at least, discussions on a new sector-specific regulation in some countries. One of the key arguments for this is the present difficulty in applying competition rules to platforms. The distinctive feature of a multisided market with free services has become a notable hurdle in the implementation of competition law in the digital sector. Moreover, the emergence of various business models used by platforms has brought a debate on novel types of abusive conduct, such as self-preferencing and exploitative abuse of data privacy. The new categorisation of abuses of digital dominance, which involves new theories of harm, has become one of the burdens on enforcement agencies. Considering the complexities in applying competition rules, policymakers across the globe have considered a digital-sector regulation that contains formalistic legal measures. This trend seems a decision to leave from the existing competition law tools to new sector-specific regulations. The objective of this article is to discuss the recent developments in enforcement of competition law and the adoption of sector-specific regulations for the digital economy, especially for the EU and Korea. This article aims to suggest an appropriate direction for future policy on digital competition, with a focus on innovation and dynamic efficiency through criticism of the provisions in the EU’s Digital Markets Act.

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관련 논문AI추천

Adapting European Competition Law Proposals for the Digital Market to the Korean Regime최요섭법학연구원 · 법학논총2020 · 제48권 A Critical Review of the EU’s Digital Markets Act - Possible Impacts on the Digital Economy -최요섭법학연구원 · 法學論文集2021 · 제45권 제1호Market Definition of Online Platforms in the New Economy: Another Foggy Day최요섭법학연구원 · 법학논총2019 · 제43권 제1호인터넷 플랫폼 시장에서의 경쟁법 적용을 위한 소비자 선택 기준홍대식한국경쟁법학회 · 경쟁법연구2013 · 제27권 검색 중립성과 경쟁법 집행원리이황, 이상윤한국경쟁법학회 · 경쟁법연구2019 · 제40권 디지털플랫폼의 거대·복합화에 따른 경쟁법적 문제차성민한국경쟁법학회 · 경쟁법연구2023 · 제47권

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