독일 경쟁제한방지법 제19a조 집행사례 검토 - 공정거래법 개정을 통한 온라인 플랫폼 규제의 시사점을 중심으로 -

초록

This paper examines trends in the enforcement of German competition law on online platforms. The purpose of this paper is to examine recent developments in German platform regulation, including the status of operator designation since the introduction of Article 19a of the German Competition Act (GWB), related appeals, and enforcement cases, and to derive implications for Korean platform regulation. While changes in German competition law have received relatively little attention compared to those in the EU or the US, the fact that Germany has effectively addressed online platform regulation by amending existing competition laws provides valuable comparative legal reference for the implementation of Korea’s Fair Trade Act. Notably, a revised Fair Trade Act bill was proposed in October 2024, including provisions for presuming a “dominant online platform operator” and regulating conduct. The feasibility of platform regulation through the Fair Trade Act has also been discussed. Given the recent inauguration of the new administration, it is an opportune time to compile the latest discussions in Germany, draw implications, and establish the direction of competition policy. Discussions on enacting the Online Platform Fairness Act or Competition Promotion Act have been ongoing for over four years, but internally, a clear direction has not been established. Externally, trade issues with the United States and other factors make enacting a special law difficult. Given this situation, if a regulatory paradigm is needed to establish a competitive order and enhance competitiveness in Korea’s platform industry, revising the existing Korean Monopoly Regulation and Fair Trade Act to prepare for the accelerating digital economy could be a wise approach. Although not long has passed since the 2020 full revision, the so-called digitalization of the Korean Monopoly Regulation and Fair Trade Act is a call of the times and an essential step in preparing for the coming economy driven by generative AI, data, and algorithms. It is time to consider how to respond to the digital economy with a “right- way” approach, revising the Monopoly Regulation and Fair Trade Act, rather than enacting a special law.

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