통신시장 관련 이중규제 판례 연구: Trinko 사례 중심으로
Studies on Concurrent Application in Telecommunications Industry: Implication of Trinko Case
안덕근(서울대학교)
24권 4호, 231~261쪽
초록
When competition policy concern has been more directly addressed in telecommunications industry sector, regulatory regimes that have governed the industry for a substantial period of time seem to raise controversial legal problems of concurrent application of conflicting regimes. In Trinko case, the US Supreme Court showed a remarkable change of its attitude toward the application of competition regimes in telecommunications industry. This change is indeed linked to the substantial amendment of legal systems applied to telecommunications sector, especially with the Communications Act of 1996. This article analyzes the meaning and implication of Trinko case and draw some policy insights for legal application in the Korean telecommunications industry.
Abstract
When competition policy concern has been more directly addressed in telecommunications industry sector, regulatory regimes that have governed the industry for a substantial period of time seem to raise controversial legal problems of concurrent application of conflicting regimes. In Trinko case, the US Supreme Court showed a remarkable change of its attitude toward the application of competition regimes in telecommunications industry. This change is indeed linked to the substantial amendment of legal systems applied to telecommunications sector, especially with the Communications Act of 1996. This article analyzes the meaning and implication of Trinko case and draw some policy insights for legal application in the Korean telecommunications industry.
- 발행기관:
- 법학연구소
- 분류:
- 법학