|
|
|
On August 20, 2026, the National Assembly passed an amendment to Korea's Monopoly Regulation and Fair Trade Act (the “MRFTA”). The amendment is intended to facilitate access to materials relevant to private antitrust lawsuits, including materials held by the Korea Fair Trade Commission (the “KFTC”). Current Article 110 of the MRFTA provides an avenue for a court to request the record of a case but imposes no express compliance duty on the part of the KFTC. Article 119, moreover, prohibits KFTC personnel from disclosing business secrets learned through their work, and it is unclear whether that prohibition extends to disclosures made to a court. The newly amended Article 110 creates a qualified production duty under which KFTC-held materials may, subject to statutory exceptions and safeguards, be submitted to a court for use in a private damages action.
|
| 1. From Discretionary Request to Production Duty |
| 2. What May (and May Not) Leave the KFTC |
| 3. Broader Party-Production Increases Litigation Exposure |
| 4. Practical Steps for Evidence Management |
| 5. Timing |
|
|
|
|
|
|
| View Web |
|
|
| Please click subscribe if you wish to receive our Newsletters. |