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시장지배적 사업자의 후속시장 차별취급 행위에 대한 경쟁법적 고찰
A research on abusive discrimination of the market dominant firm in the aftermarket in terms of competition law
황태희 ( Tae Hi Hwang )
경쟁법연구 45권 137-165(29pages)
UCI I410-ECN-0102-2023-300-000686081

In accordance with the principle of freedom of contract, the undertaking is free to set the conditions of the transaction. However, if a market-dominant undertaking uses his market power of the primary market to set trading conditions that unfairly hinder competition in the aftermarket, where the market is closely related to the main products he sells, such as machinery and repair service, it can be judged as abuse. If an market dominant undertaking in the primary market discriminates against ISO in the aftermarket, the act should be judged by considering factors such as whether intellectual property rights are exercised, management needs, and cost differences. Otherwise, it is necessary to judge the unjustness under the MRFTA whether the non-preferred undertaking is excluded from competition or whether such discrimination is intended to maintain its monopoly as well as degree of robustness in the aftermarket (including switching costs)

Ⅰ. 들어가며
Ⅱ. 후속시장에서의 시장지배력 남용의 법리
Ⅲ. 차별취급의 법리
Ⅵ. 후속시장 차별취급의 부당성 판단과 정당화 요소
Ⅴ. 관련 사례의 검토
Ⅵ. 맺 음 말
참고문헌
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