Antitrust & Competition

"My impression of the team is that they are commercial, hard-working, never miss a deadline, have interesting ideas and always keep up with the workflow. I can wholeheartedly recommend them to others."

- Chambers and Partners Asia-Pacific

Overview Key Services Practices Representative Cases Key Contacts Related Content

Overview

BKL’s Antitrust and Competition Group draws on extensive experience and outstanding expertise to provide legal services across the full spectrum of antitrust matters ranging from responses to antitrust and competition regulations, representation in administrative, civil and criminal proceedings, advisory services for merger filings, antitrust compliance and legislative consulting.

Extensive work experience and expertise

BKL’s Antitrust and Competition Group consists of seasoned attorneys licensed to practice in Korea and foreign jurisdictions and professionals in the areas of antitrust and competition. The group has acquired a deep understanding of industrial organization and business environment from working on projects related to various preventive measures and ex-post remedial actions across various industries, including a) response to investigations and deliberation by the Korea Fair Trade Commission, Prosecution’s Services, and the Ministry of SMEs and Startups; b) representation in related administrative, civil, and criminal proceedings; c) merger filings with national and international competition authorities for global M&As; and d) compliance services. Based on the accumulated expertise and know-how, BKL is capable of providing practical and substantive legal advisory services required to successfully solve clients’ pressing needs.

Delivering total solutions tailored to the needs of clients

BKL provides a one-stop, comprehensive solution that encompasses not only antitrust regulations but also legal issues that may arise in civil and criminal disputes and tax litigation. BKL’s Antitrust and Competition Group reviews and analyzes various potential legal issues from the early stage of a case to cooperate with professionals in the areas of criminal defense, tax, corporate litigation, economic analysis, and forensics, the synergy of which leads to remarkable outcomes in response to prosecutors’ antitrust investigations and related civil and criminal proceedings. Furthermore, in light of changes in the regulatory environment in the fields of antitrust and tax, BKL operates Antitrust and Tax Criminal Defense Taskforce to provide comprehensive solutions on tax and criminal defense issues related to antitrust and competition, responding to clients’ needs in a prompt and proactive manner.

Key Services

Response to antitrust and competition investigations

Response to investigations into and deliberations over alleged violations of laws within the purview of the KFTC, including those on abuse of market dominant position, collusion, internal trading, unfair trade practices, designation of business group, subcontract, retail and franchise, display and advertisement, and e-commerce

Response to the Prosecution Office’s investigations into antitrust issues, investigations and deliberations by the Ministry of SMEs and Startups, and procedures of the Korea Fair Trade Mediation Agency

Representation in antitrust and competition proceedings

Revocation litigation and requests for injunction in relation to corrective order, order for payment of penalty surcharges, and disposition of bidder disqualification

Related civil and criminal proceedings

Merger filings

Analysis of triggers and thresholds for merger filings with Korean and foreign competition authorities

Representation in merger filing in Korea and response to competition authorities in foreign jurisdictions through foreign law firms for overseas merger filing

Review and analysis of anticompetitive effects of a merger

Compliance and legislative consulting

Risk review of corporate affairs, concluding internal trading and collusion

Assessment of special areas of trade, including subcontracting, retail, and agents

Antitrust and competition training on laws, cases, and cautionary scenarios

Advice on legislative trend and response strategies, business advocacy activities to reflect industry voices in the lawmaking process of antitrust laws and regulations and administrative rules, response to the National Assembly inspection and witness summons in relation to the KFTC mandates

Practices

Practice Areas

Representative Cases

Represented a ride-hailing platform in responding to KFTC investigations into allegations of abuse of its market dominant position and abuse of its superior bargaining power

Represented a platform operator in requesting for an injunction against and filing a lawsuit to annul the KFTC’s disposition over alleged unfair trade practices

Represented Hyundai Heavy Industries in its merger filings with the competition authorities of Korea, EU, China, Japan, Singapore and Kazakhstan in connection with its acquisition of Daewoo Shipbuilding & Offshore Engineering

Response to investigations into antitrust and competition matters

Represented a ride-hailing platform in responding to KFTC investigations into allegations of abuse of its market dominant position and abuse of its superior bargaining power

Represented a financial company in a corporate group subject to limitations on mutual investment in responding to the Prosecution Service’s investigations into alleged violations of restrictions on voting rights

Represented an airliner in responding to the Prosecution Service’s investigations into alleged violations of the Monopoly Regulation and Fair Trade Act arising out of its exclusive contract on in-flight meals

Represented a company with interests in a case concerning the abuse of dominant market position by a global communication chipset and patents licensing business, including its abuse of standard essential patents

Represented a global smartphone manufacturer in responding to KFTC investigations into alleged abuse of its dominant transactional position

Represented clients in responding to KFTC investigations into alleged collusion in setting maritime container freight rates

Represented clients in responding to KFTC investigations into alleged collusive bidding scheme in relation to oil distribution

Represented a Korean construction group in responding to KFTC investigations into alleged unfair support practices regarding resale of public housing plots

Represented a Korean school food-service company and conglomerate affiliate in responding to KFTC investigations into alleged unfair support practices

Advised a client on limitations on mutual investment and changing the designated “same person” of corporate groups subject to disclosure requirements, and a company’s inclusion into and exclusion from its group of affiliates

Represented a H&B retailer in responding to KFTC investigations into alleged violations of the Act on Fair Transactions in Large Franchise and Retail Business

Represented a global medical device manufacturer and a global car manufacturer in responding to KFTC investigations into alleged violations of the Agency Act

Represented a mobile carrier in KFTC investigations into its advertisement of connection speed and coverage

Antitrust Litigation

Represented a platform operator in requesting for an injunction against and filing a lawsuit to annul the KFTC’s disposition over alleged unfair trade practices

Represented a mobile carrier in requesting an injunction and filing a lawsuit to annul the KFTC’s disposition over alleged violations of the Labelling and Advertisement Act

Represented a pharmaceutical company in a lawsuit to annul the KFTC’s disposition over alleged abuse of patents

Represented a client in a lawsuit to annul the KFTC’s disposition of bidder disqualification in connection with alleged violations of the Subcontracting Act

Represented clients in a damages lawsuit relating to a collusive bidding for a construction project of LNG storage tanks

Represented an import automobile distributor in a damages lawsuit against dealers over passing on promotional costs, etc.

Represented clients in a shareholder derivative lawsuit against the management in relation to the payment of fines due to collusion, etc.

Represented clients in a case involving alleged violations of the Monopoly Regulation and Fair Trade Act and bid obstruction regarding alleged requests to act as dummy bidders in a vaccine bid rigging scheme

Represented a defense equipment manufacturer in requesting an injunction and filing a lawsuit to annul corrective orders issued by the Ministry of SMEs and Startups over the Mutual Cooperation Act

Merger Filings

Represented Hyundai Genuine in its merger filing for the acquisition of Doosan Infracore

Represented Veolia in its merger filing for the acquisition of Suez

Represented five companies including Hanwha Aerospace in their merger filings with the competition authorities of Korea, EU, China, Japan, Singapore, Vietnam and Türkiye in connection with the acquisition of Daewoo Shipbuilding & Offshore Engineering

Represented Lotte Chemical in its merger filings with the competition authorities of Korea, US, China, Türkiye, and Indonesia in connection with its acquisition of a chemical affiliate of Samsung Group

Represented LG Uplus and Kakao Mobility in its merger filing for the establishment of an EV charger joint venture

Represented OTT operators Tving and Seezen in their merger filing

Represented BYD and Toyota in their merger filing for the establishment of a joint venture

Represented BorgWarner in its merger filing for the acquisition of Delphi

Represented BMW and Daimler in their merger filing for the establishment of a joint venture

Compliance and Legislative Consulting

Advised a global steel maker on handling, and establishing a system for managing, compliance matters related to numerous fields, including fair trade practice, subcontracting, and labelling and advertising.

Advised an MRO procurement service provider on handling, and establishing a system for managing, various compliance matters, including subcontracting, standardized contract terms and conditions, and environment-related laws and regulations.

Advised a global oil refiner on checking and improving its system for managing various compliance matters, including fair trade practice, and revising its autonomous compliance manual.

Advised a large-sized distributor on establishing a system for ensuring its compliance with the Fair Transactions in Subcontracting Act and the Act on Fair Transactions in Large Retail Business.

Represented clients on responding to the amended Franchise Business Promotion Act and Enforcement Decree thereof.

Represented clients on responding to the amended examination guidelines under the Act on Fair Transactions in Large Retail Business.

Represented a constructor in responding to a witness summons for the parliamentary inspections of its suspected violation of the Fair Transactions in Subcontracting Act and to the prosecution’s investigations into the testimonies.

Represented a delivery app service provider in responding to a witness summons for the parliamentary inspections of its food delivery fees