5/16/2012

Korea Merger Remedies by Korea Fair Trade Commission

Earlier this year, Korea's Fair Trade Commission has announced the amendment of its rules on merger remedies through the Notice on Merger Remedies.  The amendment revises the prior Merger Remedies Guidelines.  The most relevant changes are listed below.
  • The KFTC will, only, utilize behavioral changes when structural changes are impracticable or may be ineffective.  Structural changes, include, prohibition of a merger, divestiture and the transfer of intellectual property rights.  The Fair Trade Commission has noted that the preferred choice will be divestiture and a merger injunction will only be ordered when the divestiture is not feasible in the situation.  
  • The Korea Fair Trade Commission has noted that the guiding principles of the Merger Remedies is: Effectiveness, Proportionality and Transparency and Enforceability.  Arguments from attorneys should be directed at the KFTC ability to meet these guiding principles by proposed actions. 
  • The KFTC has increased investigations and has become much more aggressive in all areas under its jurisdiction.  We strongly recommend a compliance audit and a nuanced approach in all actions where your company may be a target of the KFTC.
Other articles on the Korea's Antitrust/Competition Law may be found at:
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Sean Hayes, IPG's Co-Chair of the Korea Practice Team, may be contacted at: SeanHayes@ipglegal.com