방송산업의 시장화에 따른 경쟁법적 쟁점 및 과제

Abstract

The broadcasting industry, a typical regulated industry has long been subject to heavy governmental regulation. The unique characteristics of the industry which distinguish it from other regulated industries include the requirements of diversity, plurality and minority representation. As technology and consumer demands change, however, the broadcasting industry is changing and some of the policy rationales for heavy regulations of the industry come to be doubted. In particular, convergence of broadcasting and telecommunication has critical effects on the current regulatory regime. The focus of the broadcasting regulation is to be changing from direct control over content and advertising, regulation of entry, and regulation of ownership and lines of business to competitive concerns and market power. The Korean broadcasting industry is characterized by the three largest market -dominating free-to-air broadcasters and strengthening market power of cable companies. The market-dominating free-to-air broadcasters have incentives and capabilities to leverage their market power to emerging multichannel video program distribution markets (‘MVPD’). In the MVPD markets, multiple system operators (‘MSO’), multiple program providers (‘MPP’), and multiple system providers (‘MSP’) are exploiting program providers and foreclosed competitors by exercising their market power. To cope with the problems, such issues and tasks should be given full consideration as entry barriers to the broadcasting industry, regulation of ownership and lines of business, monopolistic media representative in the free-air broadcasting market, free and fair access to programs in MVPD markets, and widespread cable M&As.