전자상거래에 관련한 경쟁법의 적용 = A Study on the Application of the Competition Law in the Context of The Electronic - commerce

다국어 초록 (Multilingual Abstract)

Electronic-commerce can be defined as business occurring over networks using non-proprietary protocols established through an open standard-setting process. Internet-based electronic-commerce, in particular business-to-business(B2B) exchanges has already revolutionized the way and the performance of businesses transactions. We believe that the electronic-commerce promises increased efficiency in production, reduced transaction cost, and lower prices of products. However, a basic nature of electronic-commerce, which allows competitors to share information and collaborate, raises potential antitrust concerns, such as a cartel. And there is a potential danger of refusal of access to the network. So it is a critique question to understand not only the way electronic-commerce operates and the benefits they offer, but also the potential dangers it may create if improperly managed. In this article, I attempts to describe the competition law theory applicable in the context of electronic-commerce circumstances and an analysis of the potential antitrust pitfalls. In so doing, I seek to accomplish the fundamental rule treating the competitional problems, like as the prohibition of abuse of dominant position, the merger control, the prohibition of unfair concerted pactices, the prohibition of the unfair transactions, the resale price maintenance, which are relavant to the electronic-commerce. Although electronic-commerce does not seem to be applied by completely different competition rules, it may require some transformation in the rule. And guidelines intended to enhance compliance may be necessary in any forms so that every participants in the market are better aware of new competition risk posed by electronic-commerce and how they can avoid them.