Antitrust & Competition

“Their thorough and insightful advice is very informative and useful from a strategic standpoint."

- Chambers & Partners Asia-Pacific

Overview Key Services Practices Representative Cases Key Contacts Related Content

Overview

BKL’s Antitrust and Competition Group offers unmatched excellence across the full spectrum of antitrust matters ranging from government investigations, merger filings, and antitrust compliance to administrative, civil and criminal litigation.

Comprised of over 70 lawyers and advisors, including former senior officials of the Korea Fair Trade Commission (KFTC), with a proven track record of successfully advising clients on complex antitrust matters, the Antitrust and Competition Group is able to provide seamless and integrated services to efficiently and effectively address the most pressing needs and challenges faced by clients. By drawing on the combined experience and expertise of its members, the Antitrust and Competition Group is able to provide exceptional insight and practical guidance tailored to each client’s specific business and industry.

In addition to traditional antitrust regulatory advice, we offer comprehensive and practical solutions to effectively address the myriad of issues and challenges arising from an antitrust investigation, including criminal prosecution, follow-on damages claims and tax issues. In particular, our Antitrust Risk Assessment Task Force, consisting of specialists in criminal, litigation and forensic investigations provide clients with a holistic approach necessary to successfully navigate the increasingly complex competition law environment by identifying potential risks areas and providing preventive solutions using forensic technology in criminal investigations and private litigation.

Key Services

Merger Control

For cross-border transactions, we provide the full-range of services in relation to merger notifications filed with the KFTC.

For mergers with high market concentration levels, we develop sophisticated market analysis and engage in close discussion with the KFTC to achieve optimal remedy options for clients.

We also have extensive experience in coordinating multi-jurisdictional merger filings in collaboration with law firms in different jurisdictions.

Antitrust Investigations and Enforcement

We represent and advise clients during all stages of investigations launched by the KFTC and other government authorities for all types of alleged antitrust law violations, including cartel, abuse of market dominance and unfair trade practice.

We assist clients in addressing issues related to various consumer protection laws unique to Korea, including those governing inter-affiliate transactions, subcontracting, labeling and advertising, abuse of superior bargaining position by large distributors and franchisors, and e-commerce.

Antitrust Litigation

We represent clients in appeal proceedings to overturn KFTC administrative orders and sanctions and obtain stay orders during the pendency of the proceeding.

We also represent clients in criminal and civil proceedings arising from alleged violations of antitrust law.

Compliance

We develop client-specific solutions to ensure antitrust law compliance and minimize risk of antitrust violation with respect to each specific business context, such as inter-affiliate transactions and communications with or conduct involving competitors and other business partners.

We provide antitrust compliance guidelines and training programs to manage relationship with business partners such as subcontractors, distributors, agencies and suppliers.

Legislative Consulting and Government Matters

We assist clients in communicating and advocating their views and opinions through business and trade associations during the legislative process for new antitrust legislation.

We assist clients in preparing for witness testimony and other procedures in the National Assembly’s audit of the KFTC.

Practices

Practice Areas

Representative Cases

Hyundai Heavy Industries Co. Ltd.’s acquisition of Daewoo Shipbuilding & Marine Engineering Co., Ltd.

Advised a global cellphone maker in relation to an antitrust investigation into its alleged abuse of market dominance

Advised a U.S. electric car maker in relation to its alleged use of unfair contractual terms and conditions

Merger Filings

Hyundai Heavy Industries Co. Ltd.’s acquisition of Daewoo Shipbuilding & Marine Engineering Co., Ltd.

BorgWarner Inc.’s acquisition of Delphi Technologies PLC shares

LG Uplus’s acquisition of CJ HelloVison

Establishment of joint venture between Toyota Motor Corporation and BYD Auto Co., Ltd.

Establishment of joint venture between Atlas Copco Group and Brooks Automation, Inc.

Antitrust Investigation

Advised a global cellphone maker in relation to an antitrust investigation into its alleged abuse of market dominance

Advised an investment company in relation to an antitrust investigation into its alleged provision of undue benefits to related persons

Advised a telecommunications carrier in relation to an antitrust investigation into its alleged abuse of superior bargaining position against distributors

Advised a U.S. electric car maker in relation to its alleged use of unfair contractual terms and conditions

Advised a software developer in relation to an antitrust investigation into bid rigging

Advised a construction company in an antitrust investigation into its alleged unlawful termination of consignment contracts

Advised a restaurant franchisor in an antitrust investigation into its alleged commitment of unfair promotional activities

Advised a telecommunications carrier in an antitrust investigation into its alleged unfair advertising of communication speed and coverage

Overturned KFTC Decisions on Appeal

Represented a vertically integrated business entity in appealing the KFTC’s decision on provision of undue benefits

Represented a distributor in appealing the KFTC’s decision on cartel conduct in relation to commissions and sales subsidy

Represented an auto part supplier in appealing the KFTC’s decision on compelled purchase practice

Administrative and Civil Litigation

Represented a construction company to challenge KFTC’s request to ban the company from participating in government procurement programs

Represented an automatic teller machine manufacturer in cartel-related private damages action

Other Government Investigations and Matters

Represented Harim Corporation in an investigation conducted by the Ministry of SMEs and Startups

Represented Lotte Shopping in an investigation conducted by the Ministry of SMEs and Startups in relation to privately branded products

Represented an insurance company in an investigation conducted by the Ministry of SMEs and Startups in relation its business with auto repair shops

Advised a construction company in preparing for witness testimony in an audit conducted by the National Assembly in relation to its alleged violation of the Subcontract Act and subsequent criminal investigation

Advised a delivery app operator in preparing for witness testimony in an audit conducted by the National Assembly in relation to food delivery application commissions

Legislative Consulting

Represented the Convenient Store Association in relation to the proposed amendment to the Enforcement Decree of the Fair Transactions in Franchise Business Act

Represented the Franchisee Association in relation to the proposed amendment to the Fair Transactions in Franchise Business Act

Represented the Chain Store Association in relation to the proposed amendment to the review guidelines for the Fair Transactions in Large Retail Business Act

Key Contacts

Our Team

Antitrust & Competition

Overview

Key Services

Practices

Practice Areas

Representative Cases

Key Contacts

Related Content

Practice Areas

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