독점규제법상 경쟁당국과 규제당국 사이의 권한배분 -방송통신 등 전문분야를 중심으로-

While a competition authority focuses on the enhancement of economic efficiency and consumer welfare through competition, regulatory authorities pursue not only general economic efficiency but also other policy goals in the relevant sector. The relationship between a regulatory authority and a competition authority has been discussed in the antitrust field for a long time. However, there should be further discussion on how to set the relationship of the two bodies in the specific and professional sectors like telecommunication and health care. While a general theory on the relationship between two authorities is meaningful, it should be adjusted according to specific features of the specific sector concerned. This article focuses on the relationship of the two bodies in the broadcasting telecommunication sector, with remarks regarding the issue of the health care sector. There are cases where the relationship between the two bodies is not legally defined in the specific sector. When the macro policy issues which require concerted effort among authorities are concerned, the two authorities should cooperate and make policy directions together to prevent overlapping regulations. When the concrete regulation in the specific sector is concerned, the primary jurisdiction should rest with the relevant regulatory authority. A competition authority can assist where its exercise is necessary. However, even in cases where the assistance of the competition authority is needed, it is desirable for the regulatory authority to exercise its power after consulting with the competition authority sufficiently.