For the first time in Korea, Shin & Kim’s Antitrust Practice Group obtained a landmark decision from the Supreme Court, which held that a notice of non-confirmation of leniency status issued by the Korea Fair Trade Commission (the “KFTC”) to a leniency applicant involved in unfair collusion (i.e., cartel) would constitute an administrative disposition, and thus, the leniency applicant would be able to immediately appeal such decision of the KFTC through an administrative proceeding.

  1. Significance of the Leniency Program
  2. Procedures for the Leniency Program
  3. Overview of the Case
  4. Determination by the Courts