디지털 경제에서 킬러 인수 규제를 위한 공정거래법 개혁 방안: 예상피해평가 도입과 스타트업 생태계 보호를 중심으로

The rapid growth of the digital economy has significantly strengthened the market dominance of platform companies, leading to the emergence of Killer Acquisitions as a major competition issue. A Killer Acquisition refers to the strategy employed by large corporations to acquire innovative startups early on, either to absorb their technology or eliminate them from the market, thereby limiting competition. This phenomenon is especially prevalent in the digital sectors such as AI, mobility, and healthcare, where it poses a significant threat to long-term competition and consumer choice. In South Korea, leading platform companies such as Naver and Kakao have been actively acquiring startups across various digital industries, thereby expanding their market power. However, the existing antitrust regulations have not yet established clear and effective criteria to address these acquisitions, particularly in the context of the digital economy. The traditional merger review process, which primarily focuses on market share and pricing, fails to consider new competition dynamics such as data-driven advantages and platform dominance. This paper aims to analyze the current state of Killer Acquisition regulation in South Korea, critically examining the limitations of the nation's antitrust framework. Furthermore, the paper proposes regulatory improvements tailored to the digital economy, drawing on comparative analysis of key Killer Acquisition cases from the United States and the European Union. By examining international trends in competition regulation, the study seeks to provide actionable insights for enhancing South Korea's regulatory approach to protect competition and foster innovation. Ultimately, this research contributes to the development of a more effective competition policy framework that supports the continued growth and innovation of the digital economy in South Korea.