디지털 경제 시대 중국 반독점법상 ‘혁신 장려 (鼓励创新)’ 목표의 법적의의와 제도적 구현- 2022년 중국 반독점법 개정을 중심으로 -

The expansion of the digital economy has fundamentally challenged the traditional price-centered and static analytical framework of antitrust law. In platform markets characterized by data accumulation, algorithmic governance, and network effects, short-term consumer benefits may coexist with long-term foreclosure of innovation-based competition. Such dynamic harms are not adequately captured by conventional price-effect analysis. The 2022 amendment to the Chinese Anti-Monopoly Law addressed this structural transformation by expressly incorporating “encouraging innovation (鼓励创新)” into Article 1, the purpose clause. This study examines whether the inclusion of innovation constitutes merely a policy statement or provides a normative interpretive basis for considering innovation-related effects within the assessment of competitive harm. Adopting a doctrinal and interpretive approach, the article analyzes the textual structure and legislative context of the amended provisions and conceptualizes “innovation harm” as an independent category of competitive harm that may be considered in parallel with traditional indicators such as price and output effects. It further identifies interpretive and procedural pathways through which innovation considerations may operate across different regulatory domains, including exemption defenses, merger review, abuse of dominance, and the fair competition review system. By reconstructing “encouraging innovation” as an operative interpretive standard rather than a policy slogan, this study clarifies the normative significance of the amended purpose clause and provides a structured analytical framework for understanding the role of innovation within China’s antitrust enforcement in the digital era.