Seongun Yun

Partner

T. +82-2-3404-0164
F. +82-2-3404-7688
E. seongun.yun@bkl.co.kr

Overview

Seongun Yun's practice focuses on competition law, corporate governance, holding company, healthcare and pharmaceutical industry, and administrative suit and claim for damages involving fair trade.

As an antitrust lawyer who joined Bae, Kim & Lee LLC in 1999, Mr. Yun has advised and represented clients in cartels at home and abroad, abuse of dominant market position, business combination report and review, unfair trade activities, administrative litigation involving the Fair Trade Commission's disposition, claim for damages involving the violation of the Monopoly Regulation and Fair Trade Act, and changes in governance structure (e.g. a change to holding company).

Based on such extensive experience, Mr. Yun gave lectures on the Monopoly Regulation and Fair Trade Act, Fair Transactions in Subcontracting Act, and Act on Fair Transactions in Large Retail Business, etc. at private companies and LAWnB. He also participated in the International Competition Network as a non-government agency and was one of members preparing bar exam questions. He co-authored a book “Fair Transactions Act in Large Retail Business: Cases and Theories” with other BKL lawyers in the Antitrust and Competition Team in 2012, and published many papers on important issues surrounding fair trade.

Related Practices

Representative Experience

1999-Present Bae, Kim & Lee LLC

2017-2019 Secretary General, Korea Competition Forum

2015-2017 Deputy General Manager, Korea Competition Forum

2016-2017 Director for Planning, Korean Competition Law Association

2016-2018 Administrative Secretary, Law and Economics Analysis Group, Korea Fair Trade Mediation Agency

2013 Member, Task Force for Improving Special Purchase Agreement System, Korea Fair Trade Commission

2013 Examiner, the 2nd Bar examination

2012-2014 Member, Policy Advisory Committee, Ministry of Food and Drug Safety

2012-2013 Non Government Agency, International Competition Network 11th & 12th Annual Conference

2011-Present Member, Administrative Committee, Seoul National University Center for Competition Law

2010-2011 Member, committee for research on the types of questions for the bar exam (economic laws)

Representative Matters

Advised on business combination case opposing BHP's acquisition of RioTinto or the establishment of a JV

Represented Philippine Airline, Emirates Airline, Garuda Indonesia in the cartel case involving airliners' air freight fees

Represented Samsung Electronics as an interested party in the investigation case on the abuse of market-dominating position by Qualcomm

Represented five subsidiaries of Korea Electric Power Corp. in the Investigation case on the abuse of market-dominating positions

Represented Microsoft Corp. in the litigation for revocation of disposition imposed by the FTC with respect to the abuse of market-dominating positions

Business Combination

Advised on business combination case opposing BHP's acquisition of RioTinto or the establishment of a JV

Advised on business combination case involving Autoliv, Inc.'s acquisition of Delphi Automotive LLP's factory producing air bags and safety belts in Korea

Advised on business combination case opposing SK Telecom Co., Ltd.'s acquisition of Hanarotelecom

Advised on business combination case involving Doosan Infracore Co., Ltd. and Doosan Engine Co., Ltd.'s acquisition of Bobcat business div.

Advised on business combination case involving the merger between KT Corp. and KT Freetel Co., Ltd.

Unfair Cartel Case

Represented Advance Paper Co., Ltd. in the cartel case involving the prices of copy paper

Represented a foreign enterprise in an investigation by the FTC with respect to a CRT international cartel case

Represented a foreign enterprise in an investigation by the FTC with respect to an ODD international cartel case

Represented a foreign enterprise in an investigation by the FTC with respect to an LCD international cartel case

Represented Philippine Airline, Emirates Airline, Garuda Indonesia in the cartel case involving airliners' air freight fees

Represented Daekyo Co., Ltd. in the cartel case involving home-school companies' increase of the price for materials, etc. (charges dismissed)

Represented SK Energy Co., Ltd., LG Chem Ltd., Seetec Ltd., Daelim Industrial Co., Ltd., and Daelim Corp. in the cartel case involving HDPE and PP products

Represented SK Energy Co., Ltd. in the cartel case involving refiners' retail light crude (benzine, kerosene, gasoline)

Represented LIG Insurance Co., Ltd., Mirae Asset Life Insurance Co., Ltd., ING Life Korea in the cartel case involving insurers' rates, etc.

Represented Kookmin Bank, Shinhan Bank and Hana Bank in the cartel case involving various fees including giro fees, banker's usance fees, etc.

Represented Thyssen Krupp dongyang elevator and former Dongyang Elevator in the cartel case involving elevator manufacturers' division of the market and increase of prices

Case of Abuse of Market Dominating Position

Represented Samsung Electronics as an interested party in the investigation case on the abuse of market-dominating position by Qualcomm

Represented five subsidiaries of Korea Electric Power Corp. in the Investigation case on the abuse of market-dominating positions

Represented Microsoft Corp. in the litigation for revocation of disposition imposed by the FTC with respect to the abuse of market-dominating positions

Case of Business Combination

Represented Interpartk INT with respect to eBay Inc.'s acquisition of Gmarket

Advised on business combination administrative litigation involving Shinsegae co., Ltd.'s acquisition of Walmart Korea

Case of Abuse of Market Dominating Position and Unfair Trade Practice

Represented the five business in the investigation case on the abuse of positions in transactions by five convenient store businesses

Represented the FTC in Intel Corp.'s litigation for revocation of disposition imposed by the FTC with respect to the abuse of market-dominating positions

Advised on the investigation on the exclusion of competitors on behalf of Gmarket

Advised with respect to filing a report to the FTC, etc. on Qualcomm Inc.'s acts of combination sale of codec software on behalf of Thin Multimedia Inc.

Advised with respect to the FTC's investigation of resale price fixing and abuse of superior bargaining position by Oracle

Represented Korea Zinc in Cosmo Chemical's report against Korea Zinc regarding abuse of collective energy supply price

Case of Seeking Damages related to the Monopoly Regulation and Fair Trade Act

Represented Daewoo E&C in a litigation seeking damages arising out of collusion on the Busan Subway

Represented Hyundai Oil Bank and SK Energy in the litigation seeking damages against oil companies with respect to fixing of price of oil supplied to the military

Represented an elevator company in the litigation seeking damages in the elevator collusive bidding case

Represented a foreign car dealer in the litigation seeking damages against the Korean subsidiary of a foreign car manufacturer with respect to abuse of status

Education

2005 University of Southern California Gould School of Law (LL.M.)

1999 Judicial Research and Training Institute, Supreme Court of Korea

1994 Seoul National University (LL.B.)

Selected Activities

Publications

Fair Transactions Act in Large Retail Business: Cases and Theories (Co-author, Pakyoungsa, 2012)

Extraterritorial Application of the Competition Law, 30 Years of Monopoly Regulation (Co-author, Bobmunsa, 2011)

Illegality of Competition Limiting Contracts - Attached to Joint Ventures with Focus on Seoul High Court's Rulings on Price Fixing of Giro Fees, Seoul National University Center for Competition Law (Bobmunsa, 2010)

Practical Issues of the Current Leniency Program, Journal of Korean Competition Law Vol. 20 (Co-author, Bobmunsa, 2009)

Franchise and Fair Competition, Free Competition and Fair Trade, edited by O Sung Kwon (Bobmunsa, 2002)

Presumptive Provisions Relating to Unfair Joint Activity, Free Competition and Fair Trade, edited by O Sung Kwon (Bobmunsa, 2002)

Fair Transactions Act in Large Retail Business (Co-author, LAWnB onju, 2019)

Competition Law Enforcement Trends in EU, Australia, and the UK, Journal of Competition Law and Policy No. 8 (Co-author, Seoul National University Center for Competition Law, 2017)

A Study on Attorney-Client Privilege, Journal of Competition Law and Policy Vol.6 (Co-author, Seoul National University Center for Competition Law, 2016)

A Study on Status of Operation and Improvement of Fair Transactions Act in Large Retail Business, LEG Working Paper, pp.73-129 (Co-author, Korea Fair Trade Mediation Agency, 2016)

Supreme Court Rulings on Determining the Cartel End Date, Journal of Korean Law Vol.15 No.1, pp. 57-72 (Co-author, Seoul National University, 2015)

Regulatory Issues Concerning Logistics Costs, Distribution Law Review Vol. 1, pp.25-58 (Co-author, Korea Distribution Law Association, 2014)

Issues regarding Consent Decree and Damages Lawsuits, Journal of Competition Law and Policy No. 2, pp. 20-39 (Seoul National University Center for Competition Law, 2014)

A Study on Merger Filing Review Procedures of Major Competition Authorities, LEG Working Paper, pp. 9-62(Co-author, Korea Fair Trade Mediation Agency, 2014)

Legal Concept and Related Issues regarding Franchise Business, Journal of Competition Law and Policy No. 3, pp. 12-17 (Co-author, Seoul National University Center for Competition Law, 2014)

Recent Major Issues and Implications of Competition Laws in the United States and EU, Journal of Competition Law and Policy First issue, pp. 124-133 (Co-author, Seoul National University Center for Competition Law, 2013)

Recent developments in competition law enforcement and intellectual property rights in Korea (Co-author, The Competition & Antitrust Review 2012)

The effect and implication of MFC clause, LEG Working Paper (Co-author, Korea Fair Trade Mediation Agency, 2012)

The method of qualifying antitrust damages and related issues in antitrust damages actions, Journal of Korean Competition Law Vol. 25, pp. 91-138 (Co-author, Korean Competition Law Association, 2012)

Recent Regulation of Pay-for-delay in Korea, EU and US, Journal of competition Vol. 159, pp. 20-37 (Co-author, Korea Fair Competition Federation, 2011)

Proving Anti-Competitiveness – Implications of the Supreme Court's Decision on the Case of the Abuse of Market Dominant Position by POSCO, Journal of competition Vol. 137, pp. 2-12 (Co-author, Korea Fair Competition Federation, 2008)

Summary of the Investigation Power of the Competition Authority in Korea (Co-author, Asia Law, 2008)

The validity of Asset Transfer Orders in Share Acquisitions (Asia Law, 2007)

Recent Proposed Amendment to Koreas Competition laws (Asia Law, 2007)

Imputed Liability for Anti-trust Violations (Co-author, Asia Law, 2007)

Legal Issues on Transition to Holding Company, Journal of competition Vol. 133, pp. 31-42 (Co-author, Korea Fair Competition Federation, 2007)

Summary and Practical Issues of Chinese Antitrust law, Human Right and Justice (Korean Bar Association, 2007)

Lawfulness of Administrative Adjudication Procedures relating to Violations of the Monopoly Regulation and Fair Trade Act and Improvements Thereto, Human Rights and Justice Vol. 330, pp. 135-159 (Korean Bar Association, 2004)

Regarding Legality of Deliberation Procedures in a Case Relating to Violation of Monopoly Regulation and Fair Trade Act, Fair Competition Vol. 97, pp. 26-36 (Korea Fair Competition Federation, 2003)

Awards

Chambers Asia-Pacific - Leading Lawyer (2016-2024)

The Legal 500 - Leading Lawyer (2021-2024)

IFLR 1000 - Leading Lawyer (2017-2023)

Asialaw - Leading Lawyer (2017-2022)

Who's Who Legal - Leading Practitioner (2017-2023)

Asia Business Law Journal - Korea's Top 100 Lawyers (2021-2023)