단독행위 경쟁법 집행에서 행위 본질론적 접근 - 경쟁관계와 거래관계의 구분에 관한 소고 -

This paper presents an ontological approach to unilateral conduct in competition law, emphasizing the distinction between competitive and transactional relationships. While the core objective of competition law is to safeguard market competition, many cases blur the line between mere transactional disadvantages and genuine anticompetitive effects. Accordingly, analysis should begin by identifying the market in which the undertaking operates, the specific conduct in question, and its effects on competition. Defining the relevant market must consider the stage of the transaction, to determine whether the essence of the conduct lies in harm to a counterparty or in a broader restriction of competition. The Hyundai Mobis case illustrates this point: its exclusive dealing obligations targeted large- scale distributors, and the subject of the transaction was overall parts supply rather than individual components. Similarly, in the Hyundai Motor dealership case, vehicle allocation between company- owned outlets and dealerships disadvantaged some dealers, but exclusionary intent was absent. The T- Broad Gangseo Broadcasting case also concerned channel allocation in dealings with content providers, reflecting transactional disadvantage rather than exclusionary conduct. Recent regulatory actions against online platforms such as Kakao Mobility and Coupang, framed as “self- preferencing,” likewise raise doubts as to whether such conduct should be treated as competitive harm. This paper argues that clearer differentiation between competitive and transactional relationships- at minimum, between abuse of superior bargaining position and exclusionary practices- is necessary to ensure that enforcement against unilateral conduct remains consistent with the core principles of competition law.