메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject

Assessment of Possible Application of Monopoly Regulations in Digital Markets -Based on the Facebook Case in Germany-
Recommendations
Search

디지털 시장에서의 독과점 규제 적용 가능성에 대한 검토- 독일의 Facebook 사례를 중심으로 -

논문 기본 정보

Type
Academic journal
Author
Nansulhun Choi (연세대학교)
Journal
단국대학교 법학연구소 법학논총 법학논총 제42권 제2호 KCI Accredited Journals
Published
2018.1
Pages
399 - 427 (29page)

Usage

cover
Assessment of Possible Application of Monopoly Regulations in Digital Markets -Based on the Facebook Case in Germany-
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
In March 2016, Bundeskartellamt, a competition regulatory agency in Germany,initiated an investigation of Facebook based on the allegation that Facebook misledusers concerning its default setting of user information. In December 2017, afterone-year scrutiny, Bundeskartellamt declared a preliminary assessment that Facebook’scollection of personal information(data) from third-party sources and its usage of suchinformation amounted to abuse of Facebook’s market dominant position. Facebookimposed, on its users, “consent to usage of personal information on a large scale” asa condition of using Facebook, and Bundeskartellamt decided that such an act ofFacebook was an exploitative condition. Accordingly, it is possible that the act ofFacebook gave rise to unfair trading conditions by a market dominant entity, andthus, Facebook’s act was a violation of Article 102 of the Treaty on the Functioningof the European Union. The Facebook case is closely related to encroachment of personal information. Since the case emerged when scholars and practitioners vigorously debated on therelationship between competition law and personal information(data) protection, thecase has drawn attention from the international communities as well as Korea. Recently, while competition agencies in foreign governments tend to deal withpolicies on personal information(data), these agencies investigate cases based on competition law frameworks rather than a perspective from personal information(data)protection. On the other hand, regarding the Facebook case, the approach ofBundeskartellamt was considered an active attempt to identify anti-competitionactivities and rectify ant-competitive market situations. Regarding a dominant businessentity in a digital market that is based on big data, it is also a high time in Koreato discuss relevant issues so that Korea will establish a sophisticated standard thatcan properly assess whether a specific act of a business entity amounts to abuse ofmarket dominant position.

Contents

No content found

References (17)

Add References

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Recently viewed articles

Comments(0)

0

Write first comments.