제4차 산업혁명시대 데이터 활용에 관한 경쟁법적 검토

Korea’s labor productivity and service productivity levels remain at the bottom of the OECD countries. We expect to create new business models or innovations through the use of data, which has emerged as a major issue in the fourth industrial revolution. Currently, the korean government is investing heavily in the development of sensor and AI technologies, which are the core to data collection. However, in order for innovation to be active through the utilization of data, an environment for collecting, accumulating, and using data should be created under the free and fair competition. In creating new innovations through the use of data, it may not be desirable for the legal system to rush in. On the other hand, however, there is a need to protect the market economy order by preventing monopolies where large amounts of data or their analytical skills concentrate on a certain operator. In addition, where competition is restricted and there is a concern that consumers' interests will be reduced, the competition law will have to play its role accordingly. This article says that competition problems related to the collection, accumulation and use of data can be substantially solved through the existing framework of the Fair Trade Act. In addition, the combination of network effects, big data collection, and artificial intelligence technology will enhance the functionality of the products involved in the utilization of the data, resulting in an increase in users and further enhance the network's effectiveness. In these places, economies of scale and economies of scope can be strongly influenced, making new participation more difficult. This effect will be extended to a wide range of products besides the Internet, as well as products relating the Internet in the future. Thus, it will be necessary to regulate competition-restricted activities of monopolistic operators in this field and to apply competition laws appropriately to ensure that new operators can be actively entering the market.