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최근의 방송-통신 결합판매에 관한 경쟁법적 쟁점

A Study on the Competition law Issues of the Recent Bundling Products in field of Communication and Broadcating

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초록

Bundling has newly raise some controversial issues in the area of information technology and competition law. Lots of studies regarding tying or bundling have been fulfilled so far. Despite all of the attention that it has garnered, however, existing analyses mainly focus on the issues that surround typical issue of anti-competitiveness and policy implications. This article tries to make a legal analysis on recent bundling products in the communications and broadcasting sector. The article offers an several exploratory analysis in that direction. It begins by introducing key bundling and tying concepts, such as pure bundling, mixed bundling, bundled discount, and predatory pricing. It next analyzes the economics of bundling in terms of reducing costs, consumer welfare. It then analyzes several issues such as leverage of market dominant power, exclusive behavior, unfair supporting on subsidiaries. It closes by offering a few observations on the impact of bundling on consumer, as well as undertakings in field of broadcating and communication.

Abstract

Bundling has newly raise some controversial issues in the area of information technology and competition law. Lots of studies regarding tying or bundling have been fulfilled so far. Despite all of the attention that it has garnered, however, existing analyses mainly focus on the issues that surround typical issue of anti-competitiveness and policy implications. This article tries to make a legal analysis on recent bundling products in the communications and broadcasting sector. The article offers an several exploratory analysis in that direction. It begins by introducing key bundling and tying concepts, such as pure bundling, mixed bundling, bundled discount, and predatory pricing. It next analyzes the economics of bundling in terms of reducing costs, consumer welfare. It then analyzes several issues such as leverage of market dominant power, exclusive behavior, unfair supporting on subsidiaries. It closes by offering a few observations on the impact of bundling on consumer, as well as undertakings in field of broadcating and communication.

참고문헌 (15)

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  2. 공정거래위원회, "티브로드의 홈쇼핑사에 대한 거래상지위 남용행위 제재", ~ (2011)
  3. 공정거래위원회, "5개 MSO사업자의 거래상지위 남용행위 제재", ~ (2010)
  4. 공정거래위원회, "18개 종합유선방송사업자의 시장지배적지위남용행위에 대한 시정", ~ (2007)
  5. 방송통신위원회, "전체 가구의 절반 이상이 결합상품 이용, 보도자료", ~ (2012)
  6. 방송통신산업 실태조사 보고서, "방송통신위원회", ~ (2011)
  7. 신영수, "부담염매의 위법성판단기준에 관한 소고-대법원의 견해에 대한 비판적 검토를 중심으로-", 法學論文集, 30(1), pp.193~216 (2006), 법학연구원
  8. Report and Recommendations, "AMC", ~ (2007)
  9. Dennis W. Carlton, "Modern Industrial Organization" (2005), Pearson–Addison Wesley
  10. Louis Kaplow, "Extension of monopoly power through leverage", 85 Columbia Law Review (1985)
  11. OECD, "Fidelity and Bundled Rebates and Discounts, DAF", COMP 2008-29, 2008
  12. Pepall, G., L, "Industrial Organization: Contemporary Theory & Practice" (2005), Thomson
  13. Posner, "The Chicago School of Antitrust Analysis", 127 The University of Pennsylvania Law Review, pp.925~ (1979)
  14. Scherer, "Book Review, The Posnerian Harvest: Separating Wheat from Chaff", 86 Yale Law Journal, pp.974~ (1977)
  15. Waelbroeck, D, "Michelin II: A Per Se Rule Against Rebates byDominant Companies?", Journal of Competition Law and Economics, 1(1) (2005)

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