Brief introduction of monopoly law

Si Gyeongmin

Jul 15, 2021

Monopoly law is the most controversial area in modern anti-monopoly law. It is the main body of anti-monopoly law and is applicable when a company is suspected of disrupting competition. In recent years, with the rise of large enterprises such as Amazon, Apple, Facebook, and Google in the digital economy, these debates have rekindled. Antitrust scholars, institutions, and politicians have put forward various suggestions to change the substantive antitrust rules that apply to the digital economy. These suggestions almost unanimously advocate for changes to make it easier to identify the accused digital monopolist by relaxing the substantive standards; to evade the burden of proof and make the behavior presumed to be illegal; or to overturn a large number of existing cases of the Supreme Court. The trade-off between the first type of error and the second type of error is the core of the digital market monopoly rules and standard analysis. The first type of error, or "false positive", is a wrong conviction; the second type of error is the "false declaration of innocence", also known as "false negative". In the anti-monopoly law, the first type of error refers to an act that is actually beneficial to competition that violates the anti-monopoly law, and the second type of error refers to the failure to find anti-monopoly responsibility for anti-competitive behavior. In a dynamic competitive environment, the occurrence of the first and second types of errors may be particularly high, because it is difficult to distinguish the competitive effects of corporate behavior from the business practices observed separately.


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