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플랫폼 규제 입법의 쟁점에 대한 분석과 평가 – 사전지정 및 금지행위를 중심으로 -

An Analysis of the Key Issues of Platform Monopoly Regulation Legislation

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Recently, the legislative movement on platform monopoly regulation has become active again. This is because related regulations are already being legislated in various countries, and cases of monopoly position abuse by platform companies at home and abroad are constantly occurring. However, if this regulation is introduced in Korea, the problem of heavy regulation and reverse discrimination that platform companies have to bear is still pointed out. Among them, there are concerns that existing competition laws alone are possible to regulate legally problematic activities, or that a pre-designation system will reduce the growth engine of companies. This article attempted to expand the horizon of discussions related to platform regulation by objectively and neutrally viewing and analyzing these issues.

Abstract

Recently, the legislative movement on platform monopoly regulation has become active again. This is because related regulations are already being legislated in various countries, and cases of monopoly position abuse by platform companies at home and abroad are constantly occurring. However, if this regulation is introduced in Korea, the problem of heavy regulation and reverse discrimination that platform companies have to bear is still pointed out. Among them, there are concerns that existing competition laws alone are possible to regulate legally problematic activities, or that a pre-designation system will reduce the growth engine of companies. This article attempted to expand the horizon of discussions related to platform regulation by objectively and neutrally viewing and analyzing these issues.

참고문헌 (14)

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  2. 이기종, "온라인 소매 플랫폼과 입점업체 간의 최저소매가 보장약정에 대한 공정거래법의 적용", 경제법연구, 15(2) (2016)
  3. 이선희, "온라인 플랫폼에서 소매가격 최고우대조항의 경쟁법적 문제", 경쟁법연구, 35 (2017)
  4. 하은광, "디지털 플랫폼의 최혜대우요구에 대한 고찰", 석사, pp.2022
  5. Andrea Amelio, "Tying and Freebies in Two-Sided Markets", International Journal of Industrial Organization, 30 (2012)
  6. Daniel Mandrescu, "Tying and Bundling by Online Platforms—Distinguishing between Lawful Expansion Strategies and Anti-competitive Practices", Computer Law & Security Review:The International Journal of Technology Law and Practice, 40 (2021)
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  8. Edward Iacobucci, "The Google Search Case in Europe: Tying and the Single Monopoly Profit Theorem in Two-Sided Markets", European Journal of Law and Economics, 47, pp.15~ (2019)
  9. Federico Etro, "On the Economics of the Android Case", European Competition Journal, 13 (2017)
  10. George J. Stigler, "United States v. Loew’s Inc.: A Note on Block-Booking", The Supreme Court Review (1963)
  11. Hedvig Schmidt, "Competition Law, Innovation and Antitrust: Aa Analysis of Tying and Technological Integration" (2009), Edward Elgar Pub
  12. Jonathan B.Baker, "Antitrust Enforcement Against Platform MFNs", The Yale Law Journal, 127(8), pp.2179~ (2018)
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  14. Richard Allian Posner, "Antitrust Law: An Economic Perspective" (2001), University of Chicago Press

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