01

  • 분야별
  • 가나다순
즐겨찾기메일프린트북마크북마크리스트    확대축소

B41_E

As the Korean economy has grown in size and scale, fair trade regulations have become increasingly prominent as a bulwark against monopoly and unfair trade, and increasingly play an important role in all aspects of business activity. Such concerns can be critical in determining the propriety and feasibility of a business acquisition.

Led by Young Chul Yim, the former General Counsel of the Korea Fair Trade Commission (KTFC), our antitrust & competition team consists of over 30 experienced lawyers, including several former directors of the KFTC, the majority of whom dedicate 100% of their time to the practice area. No other law firm employs more lawyers with KFTC experience. We advise on the full range of competition and antitrust matters, including merger filings, cartel investigations, abuse of market dominance and restrictive practices, compliance and antitrust-related litigation.

We are recognized as a leading firm for antitrust & competition by all major legal directories. Chambers Asia Pacific 2011 quotes a client, who says: “They are very professional and well prepared, and can handle all fields that we need advice on.

Young Chul Yim is ranked as a Band 1 individual in Chambers Asia Pacific 2011, which states “Young Chul Yim is ‘the leading name for domestic antitrust work’ and comes very highly recommended by both peers and clients.”

We provide the following services in the Antitrust & Competition area:

Merger Filings

The Monopoly Regulation and Fair Trade Act (MRFTA) sets out a number of restrictions on business combinations, and stipulates that KFTC approval must be granted for business combinations above a certain threshold.

Shin & Kim has advised on many of the most significant and highest profile mergers in Korea, both domestic and cross-border. Our experienced team guides clients through every stage of the merger process, from initial feasibility studies to obtaining KFTC approval, always striving to maintain the originally-intended structure of each deal. Where competition law requires amendments to deal structures, we are able to use our commercial instincts and strong relationships with competition officials and antitrust authorities to deliver innovative solutions.

We also work effectively with local counsel in other jurisdictions to secure approval for overseas mergers.

 

Cartel Investigations

Worldwide regulations concerning cartels continue to prompt investigations in the US, EU and Korea. The fines resulting from unfavorable judgments are often high. We have the experience and resources to assist clients in a range of industries with all aspects of cartels. Our experts advise on the complete investigative process, from dawn raids to successful resolution of the proceedings. We have particular expertise in relation to leniency applications before the KFTC, and, in collaboration with the firm’s litigation practice group, we are able to represent clients in any related litigation.

Our cartel experience covers investigations launched by both Korean and foreign regulators. In overseas investigations, we have a successful track record of collaboration with local experts to achieve cost-effective and successful results for our clients.

 

Abuse of Dominance

Fines, settlements and other remedial orders resulting from abuse of dominance complaints can cause serious business disruption. We therefore pride ourselves on our ability to advise clients on the most effective compliance strategies to minimize the potential for enforcement actions. However, we recognize that defence against complaints is sometimes inevitable, and we act for both complainants and companies defending themselves against abuse of dominant position and monopoly complaints across a wide range of sectors.

 

Unfair Trade Practices

We have extensive experience in the unfair trade practices field, and advise clients both as defendants and claimants in KFTC investigations and deliberations.

 

Horizontal and Vertical Commercial Agreements

Horizontal and vertical commercial agreements can have a number of antitrust-related implications, such as cartel, abuse of market dominance and unfair trade practice. We offer innovative solutions to a range of such agreements across industry sectors, including joint ventures, distribution and licensing agreements, agency agreements and strategic alliances.

 

Compliance Programs

It is essential for all types of businesses, especially those with broad geographic reach, to implement effective compliance programs to help ensure that MRFTA violations are avoided. Failure to do so can result in heavy fines and damage claims, which may lead to reputational damage to the company concerned. We assist clients across industry sectors with designing, monitoring and adapting compliance programs.

 

Sector-Specific Regulation

It is vital that companies operating in regulated sectors such as banking, energy, insurance, pharmaceuticals and telecommunications pay particular attention to abuse of market dominance issues. Our antitrust & competition team works seamlessly with our firm’s industry sector experts to ensure that our clients are adhering to all relevant laws and regulations.

 

Litigation

Competition law-related offenses may result in administrative, civil or criminal proceedings. Our expert practitioners, which include former judges, represent clients before the Seoul High Court and the Supreme Court, as well as in private antitrust litigation and criminal proceedings.

Experiences

Merger Filings

Hansol Paper’s acquisition of EN Paper

SK’s acquisition of Incheon Oil

Owens Corning’s acquisition of Saint-Gobain's Reinforcements and Composite Fabrics businesses

DC Chemical’s acquisition of CCC

 

Cartel Investigations

Represented Hynix Semiconductor

Represented BC Card

Represented Korea Telecom

Represented Dae Han Chemical

Represented Hyundai Steel

Represented Hansol Paper

Represented Hankook Tire

Represented SK Engineering & Construction

Abuse of Dominance

Represented the Fair Trade Commission against Microsoft (tying case)

Represented Mercedes-Benz Korea (excessive pricing case)

Award and Ranking

Ranked Band 1 Law Firm for Competition/Antitrust
Chambers Asia 2016, 2017

Ranked Elite Law Firm
GCR 100 2017

Ranked Band 1 Law Firm for Competition/Antitrust
Asia Pacific Legal500, 2017

Named "Regional Firm of the Year – Asia-Pacific, Middle East & Africa"

      


구성원검색
search

주요구성원 변호사 보기

TOP