유료방송시장에 있어서 프로그램 접근규칙 도입의 타당성 여부

Abstract

There exists insufficient competition in the pay-TV market in Korea with continuing monopoly by Cable TV. Many commentators blame (M)PP and (M)SO to have been involved in unfair trade practices by means of limiting value contents supply to new platform businesses. While the author does not find sufficient evidence to support the above argument, his try to apply the competition laws does not approve easy labelling of the liability theories. In United States, MSP's are so large as to exclude competing satellite broadcaster by restricting their own contents supply. However in Korea, small scale of MSP's does not allow parallel inference. Nor a theory of collusion among MSP not to supply contents to satellite broadcaster can be admitted because there exists limited evidence of agreement. Rather, in many cases, refusal to deal by (M)PP's could have been motivated by the commercial idea to maximize profits and it could be efficient practices in short term. Despite of the forgoing situation, it is evident that continuing monopolistic market structure requires certain improvements and government regulation in the form of PAR(Program Access Rule) may be necessary as an instrument. But the author argues that the introduction of PAR should be delayed for several years from the present time because there are possibilities for the pay-TV market to be transformed into competitive one. IPTV that have recently been introduced may run successfully in the future, and if it proved to be true, introduction of PAR should be excessive. PAR may be necessary only should the IPTV fails to take roots in the market. In conclusion, we need wait to see the development in the pay-TV market before introducing the PAR regulation.