Merger Filings

"The team is equipped with experienced attorneys who can advise on practical issues such as exemption from merger control that can save timing and cost for the client."

- Chambers and Partners Asia-Pacific 2024

Overview

Merger advisory services are essential legal services for the successful execution of a project ranging from the initial strategy development phase to the execution and completion phases in corporate restructuring and M&A transactions. BKL provides clients with prompt and accurate advisory services with respect to merger filings based on as deep understanding of the industry. In particular, BKL has the experience and ability to efficiently manage the entire process for clients while organically collaborating with leading foreign law firms in international merger cases where merger filings are made simultaneously both domestically and internationally.

Extensive work experience and deep understanding of the industry

BKL has delivered successful results based on its extensive work experience and know-how with respect to various merger issues. BKL has obtained conditional approval or conditional approval with minimal corrective measures on behalf of the notifying companies in many merger cases examined in depth by competitive authorities due to the potential for anti-competitive effects. In addition, BKL has successfully prevented mergers on behalf of the interested parties in many merger cases that raised concerns about limiting competition in the relevant market if approved. Furthermore, BKL has established an organic collaboration system with professional teams for each industry to provide best services for clients with respect to corporate mergers in various industries, including IT, broadcasting, telecommunications, energy, electricity, and electronics.

Provision of comprehensive solutions for international corporate mergers

Global M&As involving companies conducting business in multiple countries typically require merger filings with foreign competition authorities in many countries. BKL has a wide range of experience in taking the lead in collaboration with leading foreign law firms for its clients throughout the entire international merger process ranging from reviewing the necessity for merger filings with foreign competition authorities to preparing and submitting merger filings and negotiating with competition authorities, and successfully managing the entire merger filing process.

Key Services

Representation in merger filings in Korea and coordination for merger filings with foreign competition authorities
Review and analysis of the necessity for merger filings with Korean and foreign competition authorities
Review and analysis of anti-competitive effects of merger (Including economic analysis of individual issues, such as market definition)
Representation for interested parties in merger filings (submission of opinion to competition authorities, obstruction of approval for merger)
Representation in administrative lawsuits to apply for cancellation/modification of, or object to corrective measures of the Korea Fair Trade Commission

Representative Cases

Performed merger filings with the competition authorities of Korea, the EU, China, Japan, Singapore and Kazakhstan in connection with the acquisition by Hyundai Heavy Industries of Daewoo Shipbuilding & Offshore Engineering
Performed merger filings relating to the acquisition by HD Korea Shipbuilding & Offshore Engineering of STX Heavy Industries
Performed merger filings relating to the acquisition by Veolia of Suez
Cases of comprehensive management of merger filings with competition authorities worldwide on behalf of Korean companies
Performed merger filings with the competition authorities of Korea, China, Vietnam, Turkey, Russia and Indonesia in connection with the acquisition by Hyundai Genuine of Doosan Infracore
Performed merger filings with the competition authorities of Korea, the EU, China, Japan, Singapore and Kazakhstan in connection with the acquisition by Hyundai Heavy Industries of Daewoo Shipbuilding & Offshore Engineering
Performed merger filings with the competition authorities of Korea, the EU, China, Japan, Singapore, Vietnam and Turkey in connection with the acquisition by five companies, including Hanwha Aerospace, of Daewoo Shipbuilding & Offshore Engineering
Performed merger filings with the competition authorities of Korea, the US, China, Turkey and Indonesia in connection with the acquisition by Lotte Chemical of a chemical affiliate of Samsung Group
Cases of receiving unconditional approval or conditional approval with minimal corrective measures from the Korea Fair Trade Commission
Performed merger filings relating to the acquisition by HD Korea Shipbuilding & Offshore Engineering of STX Heavy Industries
Performed merger filings relating to the establishment by LG Uplus and Kakao Mobility of an EV charger joint venture
Performed merger filings relating to the acquisition by LX International of HanGlas
Performed merger filings relating to the merger between Tiving and Seezn, OTT operators
Performed merger filings relating to the acquisition by Hyundai Genuine of Doosan Infracore
Performed merger filings relating to the acquisition by LG Uplus of CJ Hellovision
Performed merger filings relating to the establishment by nine Incheon Inland Port operators of a joint venture
Performed merger filings relating to the sale by Samsung Electronics or its printer business division to Hewlett Packard
Cases of performing merger filings with the Korea Fair Trade Commission on behalf of foreign companies
Performed merger filings relating to the acquisition by BlackRock Financial Management of AirFirst
Performed merger filings relating to the acquisition by Veolia of Suez
Performed merger filings relating to the establishment by BYD and Toyota of a joint venture
Performed merger filings relating to the acquisition by BorgWarner of Delphi
Performed merger filings relating to the establishment by Atlas Copco and Brooks Automation of a joint venture
Performed merger filings relating to the establishment by BMW and Daimler of a joint venture
Performed merger filings relating to the establishment by Porsche and Schuler of a joint venture
Performed merger filings relating to the acquisition by Double Star of Kumho Tire
Performed merger filings relating to the acquisition by Hoya of Performance Optics
Performed merger filings relating to the acquisition by COSCO Shipping Ports of the shares in APM Terminals Vado Holding
Cases of successfully raising anti-competitive issues on behalf of the interested party
Represented the interested parties in a merger case relating to the establishment of a joint venture between BHP Billiton and Rio Tinto
Represented the interested parties in a merger case relating to the acquisition by a telecommunications company of a cable TV company