데이터 독점과 경쟁법의 적용

There is no question that current digital technology creates, innovates, and creates new opportunities, but at the same time, competitive legal problems in the digital market, namely, high market share of certain operators and potential anti-competitive practices, show that this field should also be properly controlled and responded through competition law. The issues of data concentration and monopoly that arise today are primarily associated with large platform operators, but not limited to them. Data and its economic value are directly and indirectly associated with anticompetitive-practices by operators as one major asset, and in that sense, the economic value and importance of data in competition in the digital market must be addressed in depth in terms of competition law. Therefore, competitive authorities' understanding of the new business model is essential. Similarly, competitive authorities should be able to properly recognize and evaluate the link between data concentration and monopolies in the relevant markets, and the potential harm it poses. If data focused on some dominant operators leads to market dominance or competitive legal concerns that threaten consumer diversity, product and service quality and innovation, appropriate analysis tools should be identified and applied to assess illegality. This paper discusses its specific content and methods.