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Practice Area|Antitrust & Competition

Abuse of Dominance & Unfair Trade Practices

An enterprise with market dominance in the relevant market (“market dominating enterprise”) is not allowed to abuse its market dominance by unfairly determining, fixing or changing price of goods or services, controlling the sale of goods or provision of services, hindering business activities of other enterprise, hindering participation of new competitors, trading to exclude competitors, or significantly impairing interests of consumers. Furthermore, a business is prohibited from conducting unfair trade practices that may undermine fair trade or forcing other companies, including its affiliates, to engage in unfair trade practices. 

Jipyong's Antitrust & Competition Team provides advice to customers on the full spectrum of legal issues based on a systematic analysis of complex legal regulations on abuse of market-dominance which is a representative restricted acts among anti-competitive acts. In particular, as cooperation among international competition authorities becomes more common in regulating the abuse of market dominance, our attorneys are taking lead in analyzing and applying overseas cases to prevent fair trade related risks in advance. Jipyong represents clients in reporting and responding to unfair trade issues under the Fair Trade Act, which acts as a general regulation for various special unfair trade practices.

Key Practice Areas Close

    • Providing legal advice on abuse of market dominance/unfair trade practices at the contract signing stage
    • Internal investigation and audit on abuse of market dominance/unfair trade practices
    • Reporting and responding to FTC regarding abuse of market dominance/unfair trade practices
    • Responding to mediation by Korea Fair Trade Mediation Agency on abuse of market dominance/unfair trade practices
    • Responding to FTC regarding abuse of market dominance/unfair trade practices
    • Representation of an administrative litigation (disposition of fines and cancellation of corrective orders) related to abuse of market dominance/unfair trade practices

Experiences Close

    • Represented KoreanRe, a reinsurance company, in administrative litigation in connection with abuse of market-dominant position
    • Responded to restrictions imposed by the KFTC in connection with Naver’s alleged abuse of market-dominant position
    • Responded to a restriction imposed by the KFTC in connection with Seoul City Gas’s alleged abuse of market-dominant position
    • Advised Korean steel company on comprehensive inspection of fair trade issues
    • Advised Korean heavy industry company on comprehensive inspection of fair trade issues
    • Advised on Korean confectionery company’s abuse of market dominant position
    • Represented KFTC in a case alleging that Qualcomm abused its market dominant position
    • Represented Intel in a case alleging that Qualcomm abused its market dominant position
    • Represented Oracle in an investigation of unfair trade
    • Represented “K” and “C” companies in dispute settlements process by Korea Fair Trade Mediation Agency
    • Represented Samsung Fire & Marine Insurance in an investigation of unfair trade by KFTC
    • Unfair trade practices relating to POSCO and Posco Steel Service & Sales Co.
    • Unfair trade practices by S-Oil
    • Unfair trades practices by GS Gangnam Cable TV
    • Reporting of unfair trade practices by RYN Korea