Under the Monopoly Regulation and Fair Trade Act, a merge between and among two or more business entities refers to a merge of their capital, workforce and organizations through acquiring shares and ownership, sharing executive officers, M&A, transfer of business, and establishing of new entity. With respect to the merger that meets a certain size requirement, a report should be submitted to the KFTC either before or after the transaction is completed. After reviewing the report, the KFTC will prohibit the merger if deemed the relevant transaction would restrictcompetition under the Monopoly Regulation and Fair Trade or selectively permit several transactions by imposing corrective measures on a certain provision of competition restriction.
Jipyong’s Antitrust & Competition Team carefully examines whether the concerned merger is subject to a report requirement or competition-restriction, and analyzes the decision of the KFTC and court judgment to provide accurate advice to clients. In particular, the globalization of economic activities frequently subject companies to submit simultaneous reports to multiple competent authorities. Our attorneys report or handle business combination resulting from global M&A through cooperative network with partner law firms.
Key Practice Areas Close
- Preparation of opinions related to the targets of business combinations and reporting
- Reporting business combination
- Consultation on submission of opinions of stakeholders related to business combination
- Represent in a lawsuit against KFTC’s disposition related to a business combination report
- Represented the Korea TV Homeshopping Association in cases related to obtaining approvals of a merger between SKT and T-broad and a merger between LG U+ and CJ Hello Vision and obtained the KFTC's opinion of ‘Request for Examination’
- Advised Intel on business combination filing in Korea for acquisition of Mobileye
- Advised Intel on business combination report in Korea of a global M&A
- Advised SK on business combination including acquisition of shares in LG Siltron
- Advised “H”, “K” and “A” companies of submission of stakeholder opinions on business combination
- Advised Hite Brewery on acquisition of shares in Jinro
- Represented OCI in the appeal of the corrective measures on its acquisition of CCK
- Appeal against corrective action imposed on Shinsegae regarding acquisition of Walmart Korea
- Appeal against corrective action imposed on E-Land Group regarding acquisition of Carrefour Korea