Expertise

Merger Filings

Introduction

Introduction

Shin & Kim’s antitrust and competition team 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 the KFTC's 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 experience and strong relationships with competition officials and antitrust authorities to deliver innovative solutions. We have a proven track record of obtaining unconditional approvals or conditional approvals with minimal corrective measures attached, even in difficult cases where anti-competitive effects appear certain. Furthermore, we have experience working with international and local law firms in other jurisdictions to obtain approvals from foreign competition authorities in global M&A transactions. Based on our team’s vast experience, the antitrust and competition team provides highly specialized advice for merger filings, examination procedures, and assessing anti-competitive effects of a merger.

Key Services

Shin & Kim provides the following services in relation to merger filings.

  • Preparing and filing merger filings (including coordinating with international or local law firms from other jurisdictions for filing of a merger filing report with foreign competition authorities)
  • Advising on anti-competitive effects of transactions for merger filings
  • Advising on the necessity of filing a merger filing report (including filing with foreign competition authorities)
  • Representing dissenting stakeholders in a merger filing
  • Appealing corrective measures ordered by the KFTC
Experiences
Shin & Kim’s antitrust and competition team have advised clients on merger filings for the following transactions:
  • SKC’s acquisition of SKC Haas Display Film
  • Joint venture between Novelis and Kobe Steel
  • Acquisition of Cargill’s oil business by Macquarie
  • Acquisition of Abbott Laboratories by St. Jude Medical
  • Acquisition of online and bulk business of Air Liquide by Linde
  • Tong Yang Moolsan’s acquisition of Kukje Machinery
  • China National Chemical Corporation’s acquisition of Syngenta
  • SK Telecom’s acquisition of CJ Hellovision and the merger of CJ Hellovision into SK Broadband
  • Joint venture between SK Materials and Tri Chemical Laboratories
  • Han & Company’s acquisition of Ssangyong Cement
  • Trafigura’s acquisition of Nyrstar
  • Hyundai Steel’s acquisition of SPP Yulchon Energy
  • Joint venture between KCW and Bosch
  • Merger of Applied Material and Tokyo Electron
  • Merck’s sale of its consumer care business to Bayer
  • Joint venture between SK Chemical and Teijin
  • CJ Freshway’s acquisition of 9 Fresh One entities
  • Acquisition of NovaLED by Cheil Industries and Samsung C&T Corporation
  • Lotte Shopping’s acquisition of CS Circulation
  • Google’s acquisition of Motorola Mobility
  • Joint venture between Samsung LED and Sumitomo Chemical Company Ltd.
  • Seagate’s acquisition of Samsung Electronics’ HDD business
Awards and Rankings
  • 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 Antitrust and Competition
    Asia Pacific Legal500 2017
  • Named "Regional Firm of the Year – Asia-Pacific, Middle East & Africa"
    GCR100 2016
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