경쟁법 적용을 위한 보완재 상품군의 시장획정

초록

Market definition refers to the process of determining the set of products those are substitutable or interchangeable to the reference good for the purpose of analyzing the antitrust issues at hand. However there are lots of competition law cases in which the reference good consists of complementary goods, and/or relevant goods are not substitutable but complementary each others. Aftermarkets, two-sided markets, and cluster markets are the typical examples. Since goods are not substitutable in those examples, the mechanical application of SSNIP test or critical loss analysis to define relevant good market could make serious mistakes. The most possible mistake will be to define relevant market narrower than actual market since SSNIP test does not consider the complementarity among goods. Therefore this article try to verify the most important factors which should be considers when aftermarkets,two-sided markets, and cluster markets are defined. In case of aftermarket,the extent of switching cost, and information asymmetry between consumers and firms, trade practice should be considered to decide whether equipment and aftermarket service are defined as the same market or not. In case of two-sided market, the most important factor that makes difference from single-sided market is cross-network externality. Two distinct groups of users in the two-sided platform become complementary goods to each other through cross-network externality. Thus the feedback effect of the action which take place in one side should be considered during market definition procedure. In case of cluster market, transactional complementarity, economies of scope and discount rate of cluster price, unbundling cost, extent of technological integration, demand and trade practice should be considered to define the scop of clustering.

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