필수설비론의 발전과 통신산업의 자유화

Abstract

The Essential Facility doctrine has been developed as a legal principle to regulate refusal to deal, which means a monopoly or monopolization in Sherman Act. This doctrine has had important influence on the competition laws in other countries. Specially it has been the ground of regulation in respect of misconduct of market dominant position in Article 82 of EC Treaty. The Essential Facility doctrine is closely connected with a telecommunication industry. The liberalization is now in progress in telecommunication industries world wide, and the Essential Facility doctrine has brought an important legal basis to such progress of liberalization. Such progress means a transformation of telecommunication market structure, so from monopoly to competition, and the Essential Facility doctrine offers the concept of access and interconnection as a means of the transformation. So access and interconnection must be understood in context of the Essential Facility doctrine in competition law. This progress means the transformation of the Essential Facility doctrine itself, from ex post to ex ante regulation, too. In Korea, as U. S. A. and EU, Telecommunications Law prescribes the obligation of access and interconnection. But it is more important that this obligation of access and interconnection contribute towards a competition structure of telecommunications market. To achieve this purpose, above all the procedures and contents of obligations of access and interconnection, including a pricing of access and interconnection on cost-base, should be materialized in respect of competition and the Essential Facility doctrine.