유료방송사업자에 대한 시장점유율 사전규제(안)의 경쟁제한성 검토

Recently the telecommunication market started to go through changing period more rapidly and diversely in the context of the established platform superceded by the technical solution. It is called ‘convergence’ and is concerned about defining the new potential market and the appropriate regulation. It is the context that the incumbent and de nove entry companies with a distinguished development dueled over market share. The ex ante regulatory approach in the market share to react to rapidly changing situation indicates a high risk. The market share regulation originally is used for the market definition in the competition law and evaluation for antitrust harm. The ex ante market share regulation without more detailed analysis and even indefinite market definition adds to our confusion. In this article, the danger possibility doctrine including the U.S. antitrust cases could be addressed in compared with this regulation, which aggravate the uncertainty much more. Judging from these case, reckless regulation without any justification in the innovative ICT circumstance could result in irrevocable welfare loss. Therefore, the harmful consequences with the ex ante market share regulation in the Telecommunication without adequate consideration could be shown as an impediment to innovation and false positive error.