빅데이터 기반의 디지털 경제와 경쟁법의 과제

Recently, the European Commission adopted “EU Digital Agenda”, which is for improving consumers' access to digital goods and services within the Europe, promoting conditions of digital network and service, and maximizing the growth potential of the digital economy across the Europe. German competition authorities has issued a report on competition policies in the digital market, in order to regulate the rise of big businesses' market power and propose a new direction of competition policies. As its first step, German authorities has undertaken the investigation against Facebook on whether Facebook has legitimately collected data from its users or the data has been illegally collected using Facebook's market power in social network market. Until now, it is quite true that we don't care much about the conducts hampering fair competition in the process of collecting and using the data, because the Internet search engine and email services have been regarded of free. However the truth is that online services are paid for personal information and big data and sometimes personal information could be the only currency to use online services. And the success of business would be influenced by how much data you can collect from your users and recreate significant values from the data. So using data as the competition tool in the market would be connected to exclusionary or exploitative abuses. This paper examines the content and limitation of the existing personal information law, which mainly regulates big data issues and how to apply competition law to the abusive conducts of big data-using business models.