온라인 플랫폼에서 소매가격 최고우대조항의 경쟁법적 문제

The MFC clauses designed to respond to market failures are used in an online environment to facilitate undue collective action or to reinforce market dominance or trading position of a retail platform in a two-sided market that features indirect network effects. However, there is no need to hastily conclude that the online retail MFC clauses themselves are anti-competitive because of the possibility of innovation that we have not yet experienced. Instead, it is better to resort to the existing unfair collective act or market dominant position abuse, and unfair trade practices regulations. In particular, in determining whether abuse of market dominant position or unfair trade practice is applicable, the status of the online platform as a party to the above agreement, whether the similar agreement is made between other suppliers and platforms, the extent to which competition is reduced or consumer welfare declines due to the above clauses.