빅데이터의 경쟁제한효과에 대한 법적 판단기준 연구

The problem of competition limitation, which is unique to Big Data, is heavily concentrated on abuse of dominance. In addition, common behavior issues such as standard setting can be added. Therefore, the main contents of the study consisted of the criterion of the abuse of market dominant position, the delimitation of the related market, the consideration factor of the proprietor of the abuse behavior, and the extent of legitimate exercise of intellectual property rights. However, it is necessary to be careful that the approach is not initiated in an overly archetypal area even considering the fact that there is little competition research prior to big data. As a result, we have outlined the legal problems caused by the Big Data, and comprehensively identified the factors and causes of the competition legal issues. In this research, we analyze the issues of individual competition law issues in the general market environment, such as the problems of market dominance abuse and related market delimitation, and misconduct in after-market in after market. The criteria for judging the market dominance of Big Data Holders are based on the related market definition of computing, for example, establishing criteria for judging whether there is an ability to influence price or volume in the relevant market or to exclude competitors. Uneasy. First of all, the problem of market definition method can be raised as a premise element for the identification of market dominance. It is a matter of whether the commodity market will define the relevant market with only big data. It is unclear to what extent the possibility of substitution will be acknowledged in the situation where conventional hardware and software, third hosting agreement, etc. are performing certain functions of Big Data. Whether or not geographical markets should expand the geographic scope of Big Data services to the world can be a problem, but now it is not clear who the potential entrants to the virtual big data market are. In addition, tying arrangements and exclusive dealing with small data may be a problem because of the abuse of position in the so-called after-market.