EU 경쟁법에 대한 현대화(Modernization)의 절차적 및 실체적 측면에 대한 고찰

The modernization in EU Competition Law was procedurally and institutionally motivated by restructuring of enforcement system with the expansion of EU. Responding to this challenge, Commission intended to decentralize the enforcement system and adjust the substantive laws to decentralized enforcement system. Namely, in order to apply EU Competition Law uniformly, the objective of Law should be unitary so that it is not dispersed to other objectives other than competition itself. Furthermore, the criteria for each regulation in Law should be abstract and general to keep consistency even when they are applied by many competition national authorities. It is the economic analysis that is expected to be the proper measure to maintain the uniformity and consistency in EU Competition Law. In this way the modernization originating from the problems in procedure and institutional aspects naturally continued to substantive aspects, with influences of Neo-classical economics and experts and scholars in US being added on. Reflecting on the process of substantive modernization, the demand for consistency in each regulation in Law has been the powerful motivation. However, the consistency rationale of Commission which is the premise for substantive modernization is questionable when we consider there have been quite different responses to modernization for each regulation in EU. In this sense, we need to understand more accurately and deeply each regulation’s intrinsic purpose and function within the whole system of Competition Law. So to speak, it might be necessary to admit that more economic approach could be used more comprehensively in some areas, but not in other areas. The modernization in EU Competition Law is currently underway. We, as a third party, should observe this process carefully focusing on the response of EU Courts from now on, having in mind that we had better relativize their discussion and results rather than accept uncritically.