공정거래법상 시장지배적사업자 여부의 판단을 위한 관련시장의 획정 및 시장지배력의 평가에 관한 연구

Abstract

Assessing dominance under anti-monopoly laws is a burdensome task for enforcement agencies. They should first define the relevant market and estimate the market share of undertakings in that market. And they should take into consideration many complicated factors, such as entry barriers, to determine the degree of market power of the undertakings. Further the difficulties in assessing market power are being intensified as the pace of trade liberalization and technological advance increases. The enforcement agencies are now facing the urgent need for intense economic analysis in assessing market power. Korea Fair Trade Commission (KFTC) have strived to meet such need by establishing guidelines for assessing dominance and training their staff members. However, the in-dept economic analysis in assessing market power requires the intervention of economic experts. Thus it is recommended that KFTC should not only organize a team of in-house economic experts, but also get help from outside experts. Likewise the courts also should prepare for the task of assessing dominance, as dominant companies often brought their KFTC cases to courts. In the long run courts could train judges for the task and/or build a special court for antitrust matters. But in the short term they could summon civilian economic experts for assessing market power. And it is also recommended that the parties as well as courts should be allowed to summon experts for the economic analysis in assessing dominance.