디지털플랫폼의 거대·복합화에 따른 경쟁법적 문제
Competitive Legal Problems due to the Enlargement of Digital Platform
차성민(한남대학교)
47권, 337~363쪽
초록
Digital platforms are already deeply embedded in our daily lives. The need for regulation, regulatory intensity, and regulatory speed of digital platforms vary from country to country. Based on self-regulation, Korea government regulates digital platforms through the Fair Trade Act and the "Guidelines for Examination of Online Platform Operators' Abuse of Market Dominant Status". Digital platforms are pursuing large and complexity and establishing their own ecosystems, and within them, digital platforms themselves are acting as a regulator through the expansion of customer and data dominance. Among these activities of digital platforms, there are activities that are problematic under competition law. Along with the characteristics of digital platforms, this article deals with the behavior of large and complex digital platforms, i.e., gatekeeper abuse, concerns about hindering innovation through startup acquisitions, and regulations on predatory prostitution. What these problems have in common is that under the current law, it is difficult to effectively regulate these problems of digital platforms. Therefore, it may be necessary to revise the current legal analysis framework. In addition, while maintaining regulations on digital platforms as a whole, there will be situations in which innovation should be considered more than before when judging the illegality of individual actions. In addition, it should be kept in mind that self-determination protection of market participants is a major function of competition law.
Abstract
Digital platforms are already deeply embedded in our daily lives. The need for regulation, regulatory intensity, and regulatory speed of digital platforms vary from country to country. Based on self-regulation, Korea government regulates digital platforms through the Fair Trade Act and the "Guidelines for Examination of Online Platform Operators' Abuse of Market Dominant Status". Digital platforms are pursuing large and complexity and establishing their own ecosystems, and within them, digital platforms themselves are acting as a regulator through the expansion of customer and data dominance. Among these activities of digital platforms, there are activities that are problematic under competition law. Along with the characteristics of digital platforms, this article deals with the behavior of large and complex digital platforms, i.e., gatekeeper abuse, concerns about hindering innovation through startup acquisitions, and regulations on predatory prostitution. What these problems have in common is that under the current law, it is difficult to effectively regulate these problems of digital platforms. Therefore, it may be necessary to revise the current legal analysis framework. In addition, while maintaining regulations on digital platforms as a whole, there will be situations in which innovation should be considered more than before when judging the illegality of individual actions. In addition, it should be kept in mind that self-determination protection of market participants is a major function of competition law.
- 발행기관:
- 한국경쟁법학회
- 분류:
- 기타법학