동태적 혁신경쟁과 경쟁법 집행에 관한 고찰

Innovation is one of most critical drivers of economic growth and thus enhancing dynamic innovation competition is an important policy challenge for sustainable economic growth. To do so, first and foremost, governments must play a proper role in both strengthening rewards for firms creating innovations and being superior innovations selected by markets. The dynamic innovation competition is upcoming issue to enforce competition law by competition authority, but the approaches or tools developed to enforce competition law based on static view of competition have critical limitations in considering the dynamic innovation competition. Under this situation, there is lack of domestic researches and specific discussions on how to analyze the dynamic innovation competition in competition law enforcement. From this perception, the paper specifically reviews the nature of innovation and dynamic innovation competition. In addition, it investigates both some doctrines or approaches used in enforcing competition law in order to consider dynamic innovation competition and some related cases handled by foreign competition authorities. In order to analyze the dynamic innovation competition, it is desirable to sufficiently considering the nature and characteristics of the innovation competition in question case and to comprehensively evaluate the innovation and/or anti-competitive effects by employing all of alternative doctrines or approaches if possible instead of sticking to superiority of them. Furthermore, competition authority needs to analyze the innovation incentives of incumbents and/or potential competitors and the evolutionary path of innovations as well as the possibility of entry of competitors.