디지털 플랫폼에 대한 주요국 규제체계의 비교법 연구 - 독점규제법을 중심으로 -

Global corporate social responsibility and privacy obligations are critical issues, and countries are trying to improve the current regulatory framework for digital platforms. The two-sided or multi-sided market of digital platforms is not a completely new market structure, but it is a market that has existed in the past. Since theoretically and practically agreed principles of the digital platform’s limited competition are lacking, sudden changes to the antitrust regulatory system should be avoided. However, as the importance of sharing ‘data’-the core asset of digital business among competitors is emphasized to reduce the barriers to entry in some digital markets, countries have developed regulations on digital platforms through antitrust regulations and other laws and regulations. Each country’s antitrust regulatory system has established regulatory frameworks in the areas of prohibition of ​​attempt to monopolize or abusive conduct by market dominant business entities, and control of business combinations. Although the provision of free services on digital platforms does not reduce consumer welfare while the goal of the antitrust law is to protect competition and consumers, antitrust laws recently tend to include such a free service market in defining a relevant market. Germany and Austria has introduced the criteria for transaction amount of merger into the pre-merger notification standard, and Japan has seriously recognized the issues of market power for data access rights and established detailed guidances for control of business combinations and abusive conduct by market dominant business entities. Besides it worth noting the UK legislature's active discussion of a public interest review for some digital market combinations. Proper regulations on digital platforms may be accomplished through legislation other than antitrust laws. France amended the consumer protection laws, obligating online platform operators to provide consumers with comparative services on the prices and characteristics of specialist goods and services and information affecting the conditions of comparison, and to allow consumers to freely use online spaces to access such information. Countries have established or are trying to establish a dedicated agency with expertise in regulating anticompetitive conduct of digital platforms in the digital economy era. Consideration should be timely given to establishment of an independent agency.* Legal Specialist, Attorney at Law (Ph.D., J.D.), National Assembly Library of Korea