영화산업의 수직적 구조화와 독점규제법에 의한 규제 가능성 고찰

Korea’s film industry is characterized by the fact that the dominant business in the movie screen market is building a vertical structure by expanding its control to the production and distribution sectors. This phenomenon has been rapid since the 2000s, and market dominance by multi-plex operators is affecting the entire film industry. Under these circumstances, regulatory possibilities under the Monopoly Regulation Act need to be discussed in depth in order to transform the industry into a more competitive structure and establish a fair trade order. In this regard, it is noteworthy that Paramount ruling was made in the United States. The ruling dealt with major U.S. film producers’ transition to control of the distribution and screening markets in the 1940s as a major problem, and took steps to structurally separate the production and distribution sectors, viewing this behavior as contrary to Article 2 of the Sherman Act. This ruling is meaningful in calling attention to vertical structuralization, a prominent feature of our film industry, and provides meaningful implications in the regulation of abuse of market dominant power or unfair trade practices under the Monopoly Regulation Act. In particular, in order for these regulations to be effective, an understanding of the special nature of the film industry, for example, its unique competitive elements or the characteristics of the distribution of profits, will have to be supported.