시장지배적지위 남용행위 중 소비자이익저해행위에 대한 규제 방안

This paper seeks to provide the elements of “activities that may unfairly and significantly harm the welfare of consumers” (hereafter, consumer welfare decreasing activities) prescribed in the latter part of Article 3-2, Section 1,Clause 5 of the Monopoly Regulation and Fair Trade Act. To this end, the paper (1) reviews economic discussions on competition and consumer protection, and (2) analyzes standards reflected in court rulings of the relevant cases, in order to assess the extent of the unfairness of consumer welfare decreasing activities and further provide policy guidelines. Specifically, we define and categorize the types of consumer welfare decreasing activities and examine impacts of such activities on market and social welfare. We evaluate economic theories focusing on the effects of the concerned activities on market competition and consumer behavior as the basis for determining “unfairness” and “excessiveness.” Furthermore, we assess the determining criteria of illegality or legitimate justification through case analyses of court rulings on market dominant firms’ abusive behaviors. This paper also clarifies the legal status of consumers and possible legal remedies, and elaborates decision criteria of the “excessiveness” in consumer welfare decreasing activities for a more rational legal interpretation framework.