경쟁법상 소비자후생과 공정성 기준의 관계에 관한 연구 - 디지털 뉴스시장에서 온라인 플랫폼과 언론매체의 갈등을 중심으로 -

Among the objectives considered in determining the unfairness of conduct regulated by competition law, the ‘consumer welfare’ test is the most widely and frequently mentioned. The rationale for considering consumer welfare as an important criterion can be derived from the economic order of the Korean Constitution, and the purpose of the Monopoly Regulation and Fair Trade Act. On the other hand, ‘fairness’ is a criterion that is contrasted with the consumer welfare criterion, and its relationship with the consumer welfare criterion is an important issue, because a number of factors must be considered comprehensively to determine the unfairness of conduct regulated by competition law, and the outcome of legal interpretation and enforcement can be significantly different depending on which value prevails in cases of conflict. Consumer benefit is more of an economic concept and requires quantitative measurement, such as through competitive analysis, whereas fairness is a subjective value judgement. Certain behaviour that enhances consumer welfare may be judged to be unfair, and certain behaviour that is intended to meet the legal standard of fairness may be judged to impair consumer welfare. This paper theoretically analyses the conflict between the two objectives of competition law, examines overseas competition law enforcement cases and related legislative cases, focusing on the relationship between online platforms and news providers, draws implications, discusses how to balance the two objectives, and seeks a desirable direction for competition law enforcement.