빅데이터의 경쟁법적 함의에 관한 연구

초록

Recently, discussions on the relationship between big data and competition law enforcement have been active from various perspectives, both at home and abroad. It is inappropriate to use privacy concerns as judging criteria that are unrelated to anti-competitive effects in modern competition law enforcement whose goal is to improve economic efficiency through promotion of market competition, strictly distinguished from consumer protection laws. The role of competition law enforcement for privacy protection should be only secondary and incidental, and privacy protection can be used as a target of competition law enforcement only if restraints of competition on privacy protection as non-price aspect of competition are found. In addition, to be recognized as a competition law violation for reasons of restraining competition on privacy protection, the ability and incentive of the undertaking to actually reduce the level of privacy protection should increase so much as its anti-competitive effects to offset possible positive effects on the price and innovation. Concerns about exclusionary effects of competitors or increased barriers to entry based on collection and use of large volumes of data should be assessed in detail and on the basis of specific facts of each case. In particular, the network effects in the relevant market, the magnitude of switching costs due to economies of scale and economies of scope, user feedback loops and monetization feedback loops based on data, the degree of switching or multi-hosting of users, availability of similar data sets for competitors or new entrants, and innovative nature of the relevant market and its impact on the market should be critically evaluated.

키워드