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Antitrust & Competition

Overview

Yoon & Yang’s Antitrust and Competition Practice Group is widely recognized as a premier antitrust and competition practice in Korea. The Group consists of over 40 lawyers and experts who have extensive experience advising clients with respect to all aspects of antitrust and completion law and are fully aware of both the local and international dimensions of antitrust and competition issues. The Group also includes former senior regulators of the Korea Fair Trade Commission (KFTC) who played key roles in the development of antitrust policies and gained direct experience with the KFTC’s antitrust investigation and enforcement activities.

Employing the expertise and experience of its capable members, Yoon & Yang’s Antitrust and Competition Group offers creative and business-centric advice and counsel on the full scope of antitrust and competition law issues including antitrust investigation and litigation, merger clearance, pricing and marketing counseling, antitrust audit and compliance programs. As an integral part of Yoon & Yang, the Group also draws upon the full range of experiences and resources of the firm’s other practice groups to anticipate and defuse threats of regulatory scrutiny and to develop strategies to achieve clients’ business goals.

With an enviable track record in obtaining antitrust clearance and litigating high-stakes antitrust cases, Yoon & Yang’s Antitrust and Competition Group is well known by domestic and international clients as one of the first contacts in Korea for antitrust and competition matters.
Global Competition Review, an internationally renowned journal on competition law, has awarded Yoon & Yang’s Antitrust and Competition Practice Group its highest rating of “Elite” for eight consecutive years from 2009 to 2016, acknowledging the exceptional standards we hold ourselves to.

Practices

Cartels
Yoon & Yang’s Antitrust and Competition Group has a stellar track record in representing clients in cartel investigation and litigation. The Group represents clients in every stage of cartel investigations by the KFTC and related litigation. Our Group also has abundant experience in designing and managing strategies to prevent the formation of anticompetitive cartels. We also frequently advise and protect the rights of multinational clients through close collaboration with prestigious international law firms.

Abuse of Dominance
Yoon & Yang’s Antitrust and Competition Group has successfully represented clients in complex and sophisticated cases involving various forms of abuse of dominant positions in the market. With extensive collaboration with internationally renowned antitrust lawyers and experts, we consistently offer creative and insightful advice to meet our clients’ business objectives.

Business Combination
Yoon & Yang’s Antitrust and Competition Group is well versed in providing advice that may be required by clients in mergers and other business combinations through acquisition of shares, participation in the incorporation of a new company, transfer of business operation or interlocking directorship. Our Group guiding clients through all aspects of the KFTC’s review process, from filing notification with the KFTC to obtaining approval from the KFTC for the consummation of transactions. We also represent clients in related administrative litigation with the KFTC.

Unfair Trade Practices
Yoon & Yang’s Antitrust and Competition Group provides clients with guidance necessary to manage risks in various types of unfair trade practices, such as refusal to deal, discriminative dealing, exclusion of competitors, coerced trading, unreasonable inducement of customers, abuse of superior bargaining positions, trading on restrictive conditions, and interference with business activities. In unfair trade cases, attorneys in our Group provide clients with in-depth legal advice necessary for an effective defense.

Regulation of Conglomerates and Holding Companies
Yoon & Yang’s Antitrust and Competition Group provides clients with advice regarding the formation of or conversion to a holding company, or the operation of a holding company. We have vast experience in representing clients in investigations by the KFTC and administrative litigation relating to the holding company issues. We also provide legal counsel to major Korean conglomerates with regards to interpretation and application of regulatory provisions associated with conglomerates, and have achieved successful outcomes in representing them in investigations by the KFTC and related litigation.

Administrative and Criminal Litigation
Yoon & Yang’s Antitrust and Competition Group represents clients in a wide scope of litigation including, among others, administrative litigation filed in objection to decisions made by the KFTC for alleged violation of the Monopoly Regulation and Fair Trade Act (MRFTA). We also defend clients against civil damage claims or criminal complaints brought against clients for alleged violation of the MRFTA. We provide optimal representation for clients that results in the best outcomes for clients based on complex economic analysis and statistical expertise.

Subcontracting
The Fair Transactions in Subcontracting Act (FTSA) is a piece of legislation established with the aim of protecting subcontractors (usually SMEs) by preventing prime contractors (usually large companies) from abusing their positions of relative power. Since the FTSA contains several mandatory provisions and imposes strict sanctions, a careful review and analysis is required in the process of concluding and performing all types of subcontracting contracts. Based on decades of accumulated experience, Yoon & Yang’s Antitrust and Competition Group endeavors to resolve any issues that clients may have in connection with the application of the FTSA. Furthermore, we provide clients with advice in improving proactive measures to minimize risks of violation of the FTSA.

Regulation of Standardize Contracts
The Regulations of Standardized Contracts Act (RSCA) aims to prevent companies from forcing other parties into unfair standardized contracts that abuse their positions in trade. By undertaking thorough reviews and analyses of contacts for compliance with the RSCA, Yoon & Yang’s Antitrust and Competition Group ensures that clients do not face KFTC sanctions or invalidation of contractual provisions.

Labeling and Advertising
The Act on Fair Labeling and Advertising was established with the aim of protecting consumers by preventing misleading labeling and advertisements and facilitating the provision of proper and useful information. Based on extensive experience in advising clients on various issues associated with labeling and advertising, and accurate interpretations of laws and regulations, Yoon & Yang’s Antitrust and Competition Group provides clients with guidelines for labeling and advertising policies. We also represent clients in various KFTC investigations relating to labeling and advertising issues.

Fair Trades under the Franchise Business Act
The Fair Transactions in Franchise Business Act was established with the aim of ensuring a fair trade environment in the franchise business, and promoting mutual and balanced growth of both the franchisors and the franchisees. Yoon & Yang’s Antitrust and Competition Group offers precise and clear interpretation of all statutory provisions applicable to the protection of franchisees and provides efficient solutions for all legal matters arising in franchise transactions, including issues associated with franchise disclosure documents, drafting and concluding of franchise agreements, and other disputes between franchisors and franchisees.

E-Commerce, Installment Transactions, Door-to-Door Sales and Telemarketing
Yoon & Yang’s Antitrust and Competition Group offers accurate interpretation of consumer protection laws and regulations including the Act on the Consumer Protection in the Electronic Commerce Transactions and the Door-to-Door Sales Act and the Installment Transactions Act. We also provide efficient management of risks and develop insightful strategies against disputes, based on precise and accurate analysis of KFTC rulings and court decisions.

Representative Matters

Cartels
Represented large truck manufacturers and sellers in cartel investigations by the KFTC and civil and administrative litigations
Represented instant noodles manufacturers and sellers in cartel investigations by the KTFC and administrative litigation in Korea and class action suit in the US
Represented car parts manufactures in cartel investigations by the KFTC and administrative litigation
Represented TFT-LCD manufacturer in cartel investigations by the KFTC
Represented color display tube (CDT) manufacturer in cartel investigations by the KFTC
Represented multinational airline companies in cartel investigations by the KFTC and administrative litigation
Represented multinational marine hose companies in cartel investigations by the KFTC
Represented wallpaper manufacturers in price fixing investigations by the KFTC
Represented white paperboard manufacturers in price fixing investigations by the KFTC
Represented semiconductor manufacturers in static random memory (SRAM) cartel investigations by the KFTC
Represented multinational elevator companies in the elevator cartel investigation by the KFTC and civil litigation
Represented leading domestic construction companies in bid-rigging investigations by the KFTC and administrative litigation relating to the first turnkey construction of the Four Major Rivers Restoration Project
Represented construction contractors of the Incheon Metropolitan Transit Line 2 in bid-rigging investigations by the KFTC
Represented construction contractors of the Daegu Metropolitan Transit in bid-rigging investigations by the KFTC
Represented construction contractors of the Honam Metropolitan Transit in bid-rigging investigations by the KFTC
Represented leading domestic LPG suppliers in cartel investigations by the KFTC and administrative litigation
Represented domestic detergent and health care companies in cartel investigations by the KFTC and administrative litigation
Represented folk lift manufacturers in cartel investigations by the KFTC


Business Combination
Secured merger clearance from the KFTC for Microsoft in connection with its acquisition of Nokia Mobile
Secured merger clearance from the KFTC for a Korean beer company in connection with its acquisition of a soju company
Secured merger clearance from the KFTC for C&M in connection with its acquisition of Eastern Gyeonggi TV
Secured merger clearance from the KFTC for a leading mobile communications company in connection with its acquisition of a high speed communications company
Represented a leading semiconductor chip manufacturer in review by the KFTC of its acquisition of video codec patents from RealNetworks
Represented a leading semiconductor chip manufacturer in review by the KFTC of its acquisition of wireless communications patents from InterDigital
Represented Lotte Incheon Development in review by the KFTC of potential violations of restrictions on business combinations


Abuse of Dominant Market Position / Unfair Trade Practices
Represented pharmaceutical companies in investigations by the KFTC of unfair trade practices and administrative litigation
Represented a leading semiconductor and telecommunications equipment manufacturer in investigations by the KFTC of abuse of dominant market position
Represented a leading PC chip manufacturer in investigations by the KFTC of abuse of dominant market position and administrative litigation
Represented a leading Internet shopping mall in investigations by the KFTC of abuse of dominant market position and administrative litigation
Represented portal site operators in investigations by the KFTC of abuse of superior bargaining positions
Represented mobile carriers and manufacturers in investigations by the KFTC of unfair trade practices and administrative litigation
Represented mobile carriers in investigations by the KFTC of unfair trade practices associated with forced sales targets


Subcontracting, Fair Trades under the Franchise Business Act, Act on Fair Transactions in Large Franchise and Retail Business
Represented a leading department store in investigations by the KFTC of violations of Fair Transactions in Franchise Business Act (“Franchise Business Act”)
Represented Leading electronics company in investigations by the KFTC of violations of the FTSA
Represented shipbuilders in investigations by the KFTC of violations of the FTSA
Represented leading franchisers in investigations by the KFTC of violations of the MRFTA and the Franchise Business Act


Litigation for damages regarding antitrust law violations
Represented KEPCO in litigation for damages regarding bid-rigging for the purchase of electric power lines
Represented KEPCO in litigation for damages regarding price fixing for the purchase of OPGW
Represented clients in litigation for damages regarding price fixing for the purchase of elevators
Represented clients in litigation for damages regarding price fixing for the purchase of ATMs
Represented clients in litigation for damages regarding price fixing of LPG
Represented clients in litigation for damages regarding price fixing of trucks
Represented clients in litigation for damages regarding price fixing of Air Cargo Freight
Represented clients in litigation for damages regarding price fixing of LCD panels
Represented clients in litigation for damages regarding price fixing of sugar products
Represented clients in litigation for damages regarding price fixing of flour products
Provided legal advice in litigation for damages regarding price fixing of noodles in the United States
Represented construction companies in litigation for damages regarding false advertising of apartments
Represented a soju manufacturer in litigation for damages regarding false advertising
Represented pharmaceutical companies in litigation for damages regarding unfair business practices and customer coercion


18th, 19th, 22nd, 23rd, 34th Fl., ASEM Tower 517 Yeongdong-daero, Gangnam-Gu, Seoul 135-798, Korea / Tel:+82-2-6003-7000 / Fax:+82-2-6003-7800

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