부당한 고객유인과 자사우대

Abstract

With the advent of Internet platform companies, they have often entered related markets that are vertically combined. If they show the self-preferencing search result at this point, there is a lot of discussion over whether to regulate and how to regulate. US and EU show the different conclusion about the Google shopping case. And Korean FTC prohibited the self-preferencing act of Naver, the Korean No.1 portal site against Korean FTA. In this article, discussions are limited to the unfair customer enticement which is prohibited as one type of unfair trade practices. Customer enticement is encouraged as a basic means of competition, but unfair customer enticement should be prohibited on the other hand. Unfairness and deception or fradulent plan are the indicator which distinguishes the above things. The requirements for objective establishment can be said to be a series of processes that provide false information, misconception, inducement of transaction. Unfair customer enticement has the characteristics of preliminary actions, the characteristics of danger crimes, information asymmetry, and the transaction position abuse. Considering these characteristics, customer misconception would be decided on the entire process, not on the time of deceptive acts, and the significance required in the degree of false information or misconception is also judged based on the degree of information asymmetry and the degree of information exclusiveness in processing. In terms of transaction inducement, if the search results only lead to free acts, not transactions, it is a reasonable approach to regard them as unfair discriminatory treatment because they do not meet the requirements. Unfairness is determined through the test of total circumstances in two aspects: the degree of disadvantage to customers and the maintenance of competition order. The previous discussion is to examine to what extent new economic realities can be accommodated by teleological interpretation of the FTA, which promotes fair competition. It is important to find the limitations of rational interpretation while maintaining the framework of basic interpretation.