YOON&YANG
Under the Monopoly Regulations and Fair Trade Act, unfair trade practices include refusal to deal, discriminatory treatment, exclusion of competitors, unfair customer inducement, coercion of trade, abuse of superior bargaining position, trading on restrictive conditions, and interference with business activities. The recent trends of the Korea Fair Trade Commission (KFTC) show strengthened law enforcement against unfair trade practices of online platform operators in the digital economy sector. Based on its preemptive understanding of the rapidly changing market environment and regulatory trends, Yoon & Yang’s Antitrust & Competition Practice offers prompt and practical solutions that meet the diverse needs of clients.

Key Services

  • Representing clients in the KFTC’s investigations including the agency’s ex officio investigations, investigations based on reports filed against clients or reports filed by clients and in mediation at the Korea Fair Trade Mediation Agency (KOFAIR); consulting with the regulatory authorities; and responding to sanctions
  • Representing clients in administrative litigation challenging the KFTC’s dispositions and related civil and criminal litigation
  • Structuring transactions to minimize risks of unfair trade practices, in particular in connection with outsourcing tasks or dealing with suppliers, distributors, and sellers; and conducting legal reviews of related contracts

Representative Cases

  • Microsoft Korea’s refusal to deal case
  • Korea International Trade Association’s abuse of superior bargaining position case
  • Incheon International Airport Corporation’s abuse of superior bargaining position case
  • Hottoys Limited’s case related to the maintenance of resale prices
  • Daelim Motorcycle’s case related to trading on restrictive conditions
  • Qiagen Korea’s abuse of superior bargaining position case
  • D’LIVE’s abuse of superior bargaining position case
  • DL Motors’ abuse of superior bargaining position case
  • Bumo Sarang’s unfair solicitation of customer case
  • Merial Korea’s case related to trading on restrictive conditions
  • Golfzon’s coerced transaction and abuse of superior bargaining position case
  • LG Electronics’ abuse of superior bargaining position case
  • LG Telecom’s abuse of superior bargaining position case
  • SK Telecom’s trading on restrictive conditions case