인터넷 검색서비스에 대한 경쟁법 집행에 있어 관련시장 획정에 대한 검토

• 영문명: tudy on the Definition of Relevant Markets in Relation to the Application of the Competition Law to Internet Search Services
• 발행기관: 중앙대학교 법학연구원
• 저자명: 송태원
• 간행물 정보: 『법학논문집』法學論文集 第39輯 第1號, 251~273쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.04.01

영문 초록

The Supreme Court recently issued its ruling on an appeal case regarding Naver’s restriction of pre-roll commercials placed by video content providers, which the Fair Trade Commission ordered as abuse of a market dominant position. The essence of the ruling was that relevant markets, which are the threshold in decisions on market dominance, should be delimited to only the markets concerned. The Fair Trade Commission acknowledged that Naver’s abuse of its market dominant position occurred in their trade market with video content providers. The Supreme Court found that the decision made by the Fair Trade Commission recognizing Naver as having abused its market dominant position, citing the user’s side of the market, was illegal on grounds of the two-sided market characteristics of Internet search services. The Internet search service market has an indirect network effect due to its two-sided characteristic; hence, the increase of market participants on the side of the market that offers free service can have increased dominance over the other market. The Fair Trade Commission took into consideration the characteristic of the two-sided market, recognizing market dominance in the content supply market based on the market share in the user market, which the Supreme Court saw as illegal. A business must hold a dominant position in a certain trade area in order to be ategorized as a market dominant position business. ‘Relevant markets’ in terms of the abuse of market dominant positions make up the factual proposition of recognizing the market dominant position while also sending a corrective order to the exploitive behavior of abusing the dominant market position. Limited competition from abuse of the dominant market position is linked to market dominance in relevant markets. In this regard, the Supreme Court’s ruling was on the delimitation of the relevant market, which should be limited to the specific market where the abuse took place.

목차

Ⅰ. 들어가며

Ⅱ. 대상판결(대법원 2009두20366 판결)의 내용

1. 기초사실

2. 공정거래위원회 처분

3. 원심법원의 판단

Ⅲ. 논의의 기초 - 인터넷 검색서비스의 특성과 경쟁법 집행의 난점

1. 인터넷 검색서비스의 의의와 특성

2. 검색서비스 산업에 대한 경쟁법 집행의 난점

Ⅳ. 대상판결에 대한 검토

1. 시장지배적 지위남용에서 시장획정의 의의

2. 시장획정의 방법론

3. 대상판결의 의미

4. 검색편향에서 관련시장 획정 문제에의 적용

Ⅴ. 결론

키워드

시장지배적 지위남용 시장획정 양면시장 인터넷검색서비스 검색편향 market control act market definition two-side market internet search services search bias