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Practice Area|Antitrust & Competition

Concerted Practices (Cartel)

It is illegal for a corporate entity to agree to unfairly restrict competition by entering into contracts, agreements, or other means with other entities. Unfair collusion is more widely recognized than judicial contracts, and information exchange can also be subject to the regulation of unfair collusion, which requires high level of caution in markets where therer are frequent communications among business entities.

Jipyong's Antitrust & Competition Group has successfully represented a number of investigations, decisions and administrative proceedings of KFC related to unfair collusion.

Key Practice Areas Close

    • Providing legal advice on potential unfair collusion issues at the contract signing stage
    • Internal investigation and audit on unfair collusion
    • Responding to investigations by the KFTC and prosecution of unfair collusion
    • Providing legal advice on the Leniency Program in relation to cartel activity
    • Responding and advising at the stage of unfair joint action by the KFTC
    • Representation in administrative litigation seeking cancellation of the disposition of fines and corrective orders with respect to unfair collusion
    • Representation in civil damages lawsuits in connection with unfair collusion
    • Representation in derivative litigation related to collusion (cancellation of the disposition of restricting bidding eligibility)

Experience Close

    • Represented Haitai Confectionery and Foods Co., Ltd., a Korean ice cream manufacturing company, in defending against monopoly regulation by the KFTC and in the administrative proceedings against the KFTC
    • Represented Sajo Won Co., Ltd., a poultry production company in administrative proceedings
    • Represented a domestic steelmaker in its response to a KFTC investigation and deliberation procedure in the steel scrap cartel case
    • Represented a large domestic construction company in a damage claim caused by bid-rigging and won a Supreme Court decision to quash and remand the case to the lower court
    • Represented AU Optronics Corporation, a Taiwan-based LCD manufacturer in a damage claim related to the TFT-LCD cartel
    • Represented Orient Overseas Container Line, a Hong Kong-based shipping and logistics service company in responding to restrictions on shipping charges in connection with an international shipping charge cartel case
    • Represented a company and responded to restrictions imposed by the KFTCin connection with shipping charge cartel case
    • Represented SeAH Steel Corp., a steel manufacturer, in a damage claim caused by a cartel
    • Represented a company and responded to restrictions imposed by the KFTC in connection with a bid-rigging case regarding the Korea Gas Corporation’s bid
    • Represented a company and responded to a restriction imposed by the KFTC in connection with a white board cartel case
    • Responded to restrictions imposed by the KFTC in connection with prohibited acts of trade association involving the Korean Medical Association
    • Responded to restrictions imposed by the KFTC in connection with prohibited acts of trade association involving the Seoul Private Taxi Association
    • Represented Innolux (former CMI) in a counteraction against the KFTC’s investigation/examination of an international cartel case involving TFT-LCD panel
    • Represented Korean steel company in an investigation of FTC on cartel case
    • Represented a bearing manufacturer in a counteraction against the KFTC’s investigation/examination of an international cartel case
    • Advised Yura Tech Co., Ltd. on a counteraction against the KFTC’s investigation/examination of an international cartel case
    • Advised international paper manufacturers on a counteraction against the KFTC’s investigation/examination of an international cartel case
    • Represented CJ Korea Express in the investigation of the alleged collusion by rent-a-car companies in Jeju
    • Advised Hanchang Paper Co., Ltd. on a counteraction against the KFTC’s investigation/examination of a cartel among paper manufacturers
    • Fuel surcharge collusion by Malaysia Airlines and other airliners
    • Collusion related to insurance premiums by life and property insurance companies including Samsung Life Insurance
    • Price collusion by Samsung Total and other petrochemical companies
    • Represented Doosan Infracore in a case alleging collusion among construction equipment manufacturers
    • Represented in a lawsuit brought by GSK/DongA pharmaceutical companies regarding collusion on a reverse payment agreement
    • Collusion in the LNG market by GS Caltex and other market participants
    • Collusion on fertilizer by KG Chemical, Samsung Fine Chemicals, Namhae Chemical, etc
    • Represented Honeywell on the U.S. DOJ process in a case alleging that LG Display and other LCD manufacturers colluded
    • Collusion related to the bill of exchange negotiation fee by Kookmin Bank and other major commercial banks