미국 방송통신 사업자 기업결합 규제와 시사점

In United States, several broadcasting or telecommunication companies have tried to merge each other because of the entry barriers of this industry and the trend of convergence of media. Besides the anti-compatitive test by the FTC and the DOJ, the FCC has the power to approve or prohibit the planned M&A of communication companies by means of public interest test. It means that the FCC on evaluating the attempted merger should concentrate on the competition of the broadcating and telecommunication market, convenience of consumer(user), program diversity, viewpoint diversity, outlet diversity, localism and various social and political voices. This way of the merger review process has many advantages, such as fulfilling the broad aim of telecommunication, promoting innovative technologies, protecting minorities and reflecting viewpoint diversity. Some commentators criticize that the FCC should more weigh on the anti-competitive problem like market concentration and that the results of some merger review of the FCC are too political. In spite of many debates, courts have proper rights to review the FCC’s decision of the related merger. Judicial reviews have developed strict principles of law, such as the definition and application of ‘public interest’ in the merger process, which gives implication to the Korean merger review system.