시장지배적지위 남용행위로서의 배제적 행위

Abstract

Exclusionary Practices as an Abuse of Dominance

Lee, Ki-Jong

Abuse of Dominance could be classified into two groups: exploitative practices and exclusionary ones. The former is likely to induce new entries and thereby increase the competitive pressure within the market, while the latter purports to diminish such competitive pressure. Thus competition authorities should focus more on the latter. Korea Fair Trade Commission (KFTA) recently stepped up the drive against exclusionary practices. And this new trend features two desirable characteristics: KFTA prefers to apply Sec. 3-2 of the Monopoly Regulation and Fair Trade Act (MRFTA), which regulates abuse of dominance, rather than Sec. 23 of MRFTA, which regulates unfair business practices; and it also increases the utilization of intense economic analysis in dealing with exclusionary practices. The continuous reinforcement of this trend could lead to the overall revitalization of the enforcement against abuse of dominance.