플랫폼 경제에 대한 경쟁법의 적용 - 온라인 플랫폼을 중심으로 -

This study aims to explore the enforcement standard applicable to platform economy in consideration of the characteristics of two-sided market-type business or the platform economy. As there is a clear limitation when applying a traditional analytical framework to the platform economy, it is required to find methods to extend or modify such framework. This study examines how to modify the specific contents, methodologies, or techniques of the traditional framework stage by stage of its application, and suggests methods of establishing differentiated rules or specifying a totality of circumstances test with a short account of the possibility of setting up a new framework as methods of extension or modification of the traditional framework. In practice, the preferred method by the courts is the method of presenting a totality of circumstances test. Given such test, the first thing to do is to improve the legal doctrines which include the consideration factors reflecting the characteristics of the platform economy. In case of extending or modifying the traditional framework inclusive of added consideration factors, the fundamental decision should be made about which rules to be chosen between the ones more concerned with the risk of the false negative errors and the ones more focused on the risk of the false positive errors in selecting rules of determining illegality. It does not seem that the rules more concerned with the risk of the false negative errors should be often the case in light of types and features of platform service. Instead, it could be borne in mind to establish a structured rule of reason by identifying some factors which should be taken in consideration more importantly or decisively among added factors. By comparison, in case of the need to value the risk of the false positive errors more, the modified per se legal rule could be established by which it is presumed legal without special circumstances.