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학술논문경쟁법연구2022.09 발행KCI 피인용 1

아세안 경쟁법 비교법 연구 - 모빌리티 플랫폼 간 기업결합 사례 분석을 중심으로 -

A comperative study on ASEAN Competition Law- focused on merger case between mobility platforms

박준영(경상국립대학교)

46권, 201~232쪽

초록

This study is a comperative study on ASEAN Competition Law, especially focused on market study of the Competition & Consumer Commission of Singapore(“CCCS”) and the Grab-Uber merger decision. Market study is known as an effective enforcement method for younger competition authorities, and in ASEAN it is well used. In Singapore, a market study on E-commerce Platform market was launched in 2020, and had deducted some implications as follows; first, market study can be used to recognize the reality of the market, especially the behavior trend of undertakings and consumers; second, market study should be designed detailed and systematic and the method must be revealed clearly; third, market study can provide the right direction of competition policy. The Grab-Uber merger is the only case in which mobility platforms - ride-hailing platforms was directly related. This study analyzes the anti- competitive decision of CCCS, and found some important implication on the merger between mobility platforms. Firstly, by defining the relevant market, it should be concerned that the mobility platform market is a the relevant market two-sided one. Secondly, the main anti-competition concern of the case was the forbidden multi-homing of the drivers, which reinforced the indirect network- effect, and increased the concentration of the market. Lastly, among the Corrective Measures which was imposed by CCCS, some interim measures must be underlined because of it’s flexibility and must be concerned in the Digital Economy as a effective order for the competition authority.

Abstract

This study is a comperative study on ASEAN Competition Law, especially focused on market study of the Competition & Consumer Commission of Singapore(“CCCS”) and the Grab-Uber merger decision. Market study is known as an effective enforcement method for younger competition authorities, and in ASEAN it is well used. In Singapore, a market study on E-commerce Platform market was launched in 2020, and had deducted some implications as follows; first, market study can be used to recognize the reality of the market, especially the behavior trend of undertakings and consumers; second, market study should be designed detailed and systematic and the method must be revealed clearly; third, market study can provide the right direction of competition policy. The Grab-Uber merger is the only case in which mobility platforms - ride-hailing platforms was directly related. This study analyzes the anti- competitive decision of CCCS, and found some important implication on the merger between mobility platforms. Firstly, by defining the relevant market, it should be concerned that the mobility platform market is a the relevant market two-sided one. Secondly, the main anti-competition concern of the case was the forbidden multi-homing of the drivers, which reinforced the indirect network- effect, and increased the concentration of the market. Lastly, among the Corrective Measures which was imposed by CCCS, some interim measures must be underlined because of it’s flexibility and must be concerned in the Digital Economy as a effective order for the competition authority.

발행기관:
한국경쟁법학회
DOI:
http://dx.doi.org/10.35770/jkcl.2022.46..201
분류:
기타법학

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아세안 경쟁법 비교법 연구 - 모빌리티 플랫폼 간 기업결합 사례 분석을 중심으로 - | 경쟁법연구 2022 | AskLaw | 애스크로 AI