플랫폼 사업자의 최혜대우 요구 행위에 대한 공정거래위원회의 법집행 사례에 관한 비판적 검토: 일본의 법집행 사례와의 비교를 중심으로 (Inside KFTC’s approach to platforms’ MFN requests)

서지정보

· 발행기관 : 한국경쟁법학회
· 수록지 정보 : 경쟁법연구 / 45권 / 398 ~ 429페이지
· 저자명 : 김익두

초록

According to a corrective measure, the KFTC recognized a platform provider’s MFN request as an abuse of superior bargaining position, particularly an interfering with the business activities. These narratives, however, fail to account for a fundamental meaning of platforms’ MFN requests. To tell this meaning of actions, this Article examines JFTC’s enforcement, particularly the Amazon Japan Case. This Article looks to the provider’s MFN request from two perspectives, to provide a coherent synthesis of the intrinsic motivation. This Article applies the methodology of legal history to argue that KFTC could not approach to the issues from the perspective of the restriction on competition. This Article concludes that, in the light of the MFN request’s intrinsic function, to accommodate a regulatory gap may require reorganizing the law and regulations, particularly the Act on Fair Transactions in Large Retail Business.

영어초록

According to a corrective measure, the KFTC recognized a platform provider’s MFN request as an abuse of superior bargaining position, particularly an interfering with the business activities. These narratives, however, fail to account for a fundamental meaning of platforms’ MFN requests. To tell this meaning of actions, this Article examines JFTC’s enforcement, particularly the Amazon Japan Case. This Article looks to the provider’s MFN request from two perspectives, to provide a coherent synthesis of the intrinsic motivation. This Article applies the methodology of legal history to argue that KFTC could not approach to the issues from the perspective of the restriction on competition. This Article concludes that, in the light of the MFN request’s intrinsic function, to accommodate a regulatory gap may require reorganizing the law and regulations, particularly the Act on Fair Transactions in Large Retail Business.

참고자료

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