통신·방송 융합에 따른 경쟁법상 M&A 규제- 비수평적(non-horizontal) 결합을 중심으로

As the convergence in telecommunication and broadcasting industries develops rapidly, telecommunication and broadcasting companies are more and more active in mergers and acquisitions. In particular, they try to achieve economies of scope and synergies by means of non-horizontal mergers and acquisitions. Recently, the telecommunication and broadcasting industry in the United States and developed European countries has seen a series of mega mergers and acquisitions. Although, the Korean telecommunication industry has not seen such active merger activities, we can reasonably expect to see them in near future. The antitrust regulation for non-horizontal mergers and acquisitions are less developed as compared with that for horizontal ones. It is relatively recently that Korean telecommunication and broadcasting regulatory authorities as well as the competition authority have been faced with convergence-type mergers and acquisitions. Such mergers and acquisitions present a lot of theoretical and practical difficulties to the relevant regulatory authorities. The potentially most difficult issues include relevant market definition and merger review standards. We may learn useful lessons from the relevant experiences of other developed antitrust jurisdictions such as the United States and the European Union. As a typical merger involving new convergence-type communication and broadcasting service, the BIB joint venture case may serve as a good benchmark.