Merger Filings

"They provided practical and effective legal advice"

- Chambers & Partners Asia-Pacific

Overview

BKL’s Antitrust and Competition Group provides seamless merger filing services enabled by its solid understanding of market dynamics and accumulated experience and expertise in engaging with the KFTC. In particular, for foreign-to-foreign mergers and mergers with competitive concerns, we work proactively, and also in close partnership with law firms in various jurisdictions, with an appreciation for timely, consistent and precise execution, crucial for securing clearance for complex merger filings.

Practical experience and knowledge accumulated over 30 years of service enables us to achieve favorable outcomes for major merger control projects. We have a proven track record of successfully securing unconditional clearances in numerous complex merger cases that were under close regulatory scrutiny. We have also successfully represented clients in blocking anticompetitive mergers based on our in-depth knowledge of the business and transaction and use of sophisticated market analysis. By collaborating with various industry and market experts, we provide creative solutions tailored to the specific business and reflecting the unique competitive dynamics of the relevant industry, including regulated industries and technology sectors such as IT, broadcasting and communications, energy, electricity and electronics, and automotive.

Mergers between companies with global footprints require close and seamless coordination between firms located in multiple jurisdictions to ensure timely clearance. We have extensive experience in coordinating multi-jurisdictional filings in partnership with leading local firms which enables us to secure merger clearance in a timely and cost-efficient manner.

Key Services

Representation in merger filings in Korea and coordination of merger filings in other jurisdictions
In-depth market analysis on market definition and competitive effects of a merger
Representation of interested parties in challenging anti-competitive mergers
Representation in judicial appeals to overturn KFTC imposed remedies and conditions for clearance

Representative Cases

Hyundai Heavy Industries Co. Ltd.’s acquisition of Daewoo Shipbuilding & Marine Engineering Co., Ltd. (filings made in 6 jurisdictions)
BorgWarner Inc.’s acquisition of Delphi Technologies PLC
LG Uplus’s acquisition of CJ Hello
Merger Filings for Foreign-to-Foreign Mergers
Establishment of a joint venture between Toyota Motor Corporation and BYD Auto Co., Ltd.
Establishment of a joint venture between Sony Memory Media Solutions Corporation and Phison Electronics Corporation
Establishment of a joint venture between Atlas Copco Group and Brooks Automation, Inc.
Establishment of a joint venture between Porsche and Schuler
Double Star’s acquisition of Kumho Tire
COSCO Shipping Ports’ acquisition of APM Terminals Vado Holdings
Multi-Jurisdictional Merger Filing
Hyundai Heavy Industries Co. Ltd.’s acquisition of Daewoo Shipbuilding & Marine Engineering Co., Ltd. (filings made in 6 jurisdictions)
Lotte Chemical’s acquisition of Samsung’s chemical affiliates (filings made in five jurisdictions)
Merger Filings with Substantive Competitive Concerns
BorgWarner Inc.’s acquisition of Delphi Technologies PLC
LG Uplus’s acquisition of CJ Hello
Establishment of a joint venture between nine pier operators of Incheon internal port
Hoya’s acquisition of Performance Optics
Samsung Electronics Co. Ltd.’s sale of its printer business division to Hewlett Packard
Challenging Anti-Competitive Mergers
Represented interested parties to challenge the acquisition of a cable TV station by a telecommunication carrier
Represented interested parties to challenge the establishment of a joint venture between BHP Billiton and Rio Tinto