통신사업자의 결합할인 판매와 시장지배력 전이 문제: 전기통신사업법과 독점규제법의 비교 분석

Bundling is a marketing strategy by which a firm offering several products separately, also gives a discount to those consumers purchasing the products as a single package. While bundled discounts are an ubiquitous phenomenon in Korean telecommunication market, the Korean Telecommunications Business Act (TBA) stipulates that a bundling of telecommunication firms can be prohibited for the reason of the transfer of dominant market power (DMP). However TBA defines neither DMP itself nor the transfer of DMP. In Korea, all of telecommunication firms have offered a bundled discount. But the treatment of bundled discounts under Korean antitrust law and TBA is highly unclear. This article addressed a problem of telecommunication firms’ bundled discounts and the so-called monopolistic leveraging or transfer of DMP, arguing that bundled discounts should not be considered anticompetitive if it dose not amount to predatory pricing. If a bundling discount in question does not amount to predatory pricing, it should be regard as a legal conduct.