네이버의 시장지배적지위 남용 사건에 대한 검토- 서울고등법원 2009. 10. 8. 선고 2008누27102 판결을 중심으로 -
Critical Analysis on NHN Competition Case
김현수(고려대학교)
24권, 102~146쪽
초록
In NHN case, Korean Fair Trade Commission first condemned internet portal’s abuses of dominant position. On appeal, however, Seoul High Court reversed the KFTC’s decision. It presented a different view on market definition,dominance and abuse. Above all, it denied dominance relying on multi-homing and intense competition among incumbents. This position will make the regulation on internet portal’s abuses almost impossible. Furthermore, it has the potential to apply not only to internet portals but also to IT industries or two-sided platforms. This paper focuses on market definition and dominance issues in two-sided markets and applies them to the NHN case. In addition,to complete the case review, it also assesses whether the concerned practices are abuses.
Abstract
In NHN case, Korean Fair Trade Commission first condemned internet portal’s abuses of dominant position. On appeal, however, Seoul High Court reversed the KFTC’s decision. It presented a different view on market definition,dominance and abuse. Above all, it denied dominance relying on multi-homing and intense competition among incumbents. This position will make the regulation on internet portal’s abuses almost impossible. Furthermore, it has the potential to apply not only to internet portals but also to IT industries or two-sided platforms. This paper focuses on market definition and dominance issues in two-sided markets and applies them to the NHN case. In addition,to complete the case review, it also assesses whether the concerned practices are abuses.
- 발행기관:
- 한국경쟁법학회
- 분류:
- 기타법학