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학술논문경쟁법연구2020.11 발행KCI 피인용 8

공정거래법상 온라인 유통플랫폼 사업자의 착취남용행위에 대한 금지의 필요성

The need for the regulation of Exploitative abuse by Online distribution platform under the Korean competition law

정주미(서울대학교 법학연구소)

42권, 33~56쪽

초록

The Online distribution platform operates in a double-sided or multi-sided market, and mediate between companies and consumers who use the service for free or low price.As the platform becomes a dominant company, it raises the fees from companies to recover its loss or demands unfair trading conditions. As online distribution platforms have several types of businesses, the competitors are different for each side of platform. It is not appropriate to define the platform as a single market. Based on the type of transaction, it can be divided into open market, portal site, food delivery app service and direct purchasing. It is necessary to prohibit an exploitative abuse of dominant online distribution platform under the Korean competition law. The open market is not subject to the Act on fair transactions in large franchise and retail business. Besides, it is not enough to prohibit the exploitative behavior of dominant online distribution platform as an unfair practice. So the Korean competition law should be amended.

Abstract

The Online distribution platform operates in a double-sided or multi-sided market, and mediate between companies and consumers who use the service for free or low price.As the platform becomes a dominant company, it raises the fees from companies to recover its loss or demands unfair trading conditions. As online distribution platforms have several types of businesses, the competitors are different for each side of platform. It is not appropriate to define the platform as a single market. Based on the type of transaction, it can be divided into open market, portal site, food delivery app service and direct purchasing. It is necessary to prohibit an exploitative abuse of dominant online distribution platform under the Korean competition law. The open market is not subject to the Act on fair transactions in large franchise and retail business. Besides, it is not enough to prohibit the exploitative behavior of dominant online distribution platform as an unfair practice. So the Korean competition law should be amended.

발행기관:
한국경쟁법학회
DOI:
http://dx.doi.org/10.35770/jkcl.2020.42..33
분류:
기타법학

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공정거래법상 온라인 유통플랫폼 사업자의 착취남용행위에 대한 금지의 필요성 | 경쟁법연구 2020 | AskLaw | 애스크로 AI