Abuse of Market Dominance in Korea: Some Reflections on the KFTC’s Microsoft Decision

Abstract

Korea’s monopolization law and practice has not developed in clinical isolation of those of other major jurisdictions, especially the US and EU. Its incessant development has displayed a strong tendency toward harmonization in tying and bundling practice with the US and EU practice. The apparent disparity of the ultimate outcomes in different jurisdictions belies the fact that they share a strikingly similar jurisprudence. The KFTC’s Microsoft decision was a point of departure for this assessment. Soft harmonization of global competition laws as was seen in the KFTC’s decision in the Microsoft case may serve as an alternative to pursuing legislative and official harmonization of the antitrust laws.