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Practice Area|Antitrust & Competition

Merger Control

A business combination under the Monopoly Regulation and Fair Trade Act (the “Fair Trade Act”) means that two or more business entities combine their capital, manpower, and organization by acquiring and owning shares, concurrently holding officers’ position, merging, transferring business, or participating in the incorporation of a new company. In case a business combination meets certain thresholds, a report on the details of the business combination must be submitted to the KFTC before or after the closing of the transaction. The Fair Trade Act, in principle, prohibits any business combinations that are found to be restrictive of competition. It may, however, allow business combinations that are found to partially restrict competition, but possible corrective measures may be imposed.

Jipyong’s Antitrust & Competition Group analyzes and applies all relevant KFTC decisions and case precedent to assess whether a business combination falls within the scope of a reportable business combination or a competitive-restrictive business combination, and to provide reliable and practical advice to our clients. In particular, the globalization of the economy has led to frequent situations where merger notifications must be filed simultaneously with the competition authorities of multiple jurisdictions. Our Antitrust & Competition Group attorneys work with our overseas partner law firms to seamlessly assess and, when necessary, to file such multi-jurisdictional merger notifications.

Key Practice Areas Close

    • Multi-jurisdictional merger notifications
    • Business combination reports
    • Stakeholders opinions related to business combinations
    • KFTC dispositions related to business combination reports

Experience Close

    • Represented Intel as a stakeholder in connection with the business combination of NVIDIA and ARM
    • Advised Korean Air on the reporting of business combination with Asiana Airline
    • Advised Kakao on the reporting of business combination with SM Entertainment
    • Represented Company ‘H’ in filing business combination reports in the EU, China, and Turkey in accordance with the incorporation of a joint venture company
    • Represented Company ‘H’ in filing a business combination report in Vietnam
    • Advised Intel on a business combination filing in Korea for acquisition of Mobileye
    • Advised Intel on a business combination filing in connection with its acquisition of Altera
    • Advised SK Holding on a business combination including acquisition of shares in LG Siltron
    • Advised Grifols on a business combination filing in connection with its acquisition of Green Cross Holdings, a North American corporation
    • Advised SK Infosec and ADT Caps on a merger & business combination filing
    • Represented the Korea TV Homeshopping Association in obtaining approvals of a merger between SK Telecom and T-broad, and a merger between LG U+ and CJ Hello Vision, and obtained a KFTC opinion of Request for Examination
    • Advised Hite Brewery on the acquisition of shares in Jinro
    • Represented OCI in the appeal of corrective measures on its acquisition of CCK
    • Appealed against corrective action imposed on Shinsegae regarding the acquisition of Walmart Korea