표준필수특허권자의 시장지배적지위남용 행위에 대한 규제방향- 퀄컴에 대한 공정거래위원회의 결정을 중심으로 -

The Korean Fair Trade Commission(“KFTC”) has ordered the largest amount ofpenalty in its history to Qualcomm who is a standard-essential patent holder forabusing its market dominance. This case shows KFTC’s will to publicly regulate thestandard-essential patent holders who formally exercise their legitimate rights as apatent holders but actually abuse their rights and in the end restraint competition inthe market. This case shows that KFTC is currently following global regulation trendon standard-essential patent holders and is now ready to prevent patent holders fromabusing their legitimate rights. But on the other hand, some concerns are raised thatsuch regulation does not yet have clear-cut standard and could violate very basicright of patent holders. In this article, KFTC’s specific and detailed perspective to the Qualcomm’s abuseof market dominance and what implication this case has will be discussed. Inaddition, implications from competition law’s perspective on vertically integratedbusiness’ abuse of market dominance in renovative technology market, such asQualcomm case and what efforts are required for future regulations onstandard-essential patent holders to accumulate precedents which are based onobjective and clear standards are concerned in this article.