The ClassHankyul antitrust team deals with issues that frequently appear in business activities, such as cartels (collusion), abuse of market dominance, unfair trade practice, resale price maintenance, prohibited acts for trade associations, business groups and unfair assistance (intercompany transactions, wrongful benefit taking), business combination (M&A), subcontracting, franchise business, large retail business, agency, labeling and advertising, regulation of terms and conditions, e-commerce, door-to-door sales, installment transactions, and more. We have abundant practical experience and professional knowledge, and have supported clients to achieve successful business activities.
The Fair Trade Team centers around attorneys with work experience at the Fair Trade Commission (“FTC”) as former FTC members, and consists of other lawyers specialized in fair trade cases, to offer year-round advice on fair trade issues occurring during the course of corporate business activities, and closely monitors and responds to every phase of FTC reviews, from initial investigation to final deliberation. With respect to cartels, our team not only supports prompt responses against FTC’s on-site inspections, but also advises on decision-making by corporations by providing accurate information for the clients in relation to the self-reporting leniency program, which has a determinative impact on the dispositions.
Moreover, our firm offers a comprehensive and organic one-stop service in relation to administrative litigation on FTC dispositions, response to prosecutors’ investigations and criminal lawsuits, and civil lawsuits such as damages claims on fair trade, by working closely with lawyers who previously served as prosecutors or served in the judiciary.
We also ensure that fair trade-related issues do not arise throughout the business activity process by acting as a doctor advocating fair trade, operating a compliance program to avoid and prevent fair trade-related risks in advance, and offering filing services in connection with the submission of business combination filings, which is a crucial final step for the successful completion of any such transaction.
In addition, we report violations of the Fair Transactions in Subcontracting Act, the Fair Transactions in Franchise Business Act, the Act on Fair Transactions in Large Retail Business, and the Fair Agency Transactions Act, and unfair terms and conditions, and conduct dispute mediation work at the Korea Fair Trade Mediation Agency/Subcontract Dispute Mediation Council, etc.
Introduction
Major Business
FTC Investigations (Response to Investigations/Reviews)
- Response to on-site inspections, attendance in testimonial inspections, response to other investigations such as the request for the submission of materials by FTC
- Development of defense strategies through the analysis of FTC review reports, submission of written opinions, and defense at full committee meetings and subcommittee meetings
Litigation (Administrative Litigation, Civil Litigation, Prosecutorial Inspection – Criminal Litigation)
- Administrative litigation against FTC dispositions (revocation of correction orders and fine payment orders, revocation of restrictions on bidding participation, application for suspension of execution, etc.)
- Civil lawsuits, including lawsuits for damages arising from violations of fair trade-related laws and regulations
- Response to prosecutorial investigation and criminal lawsuits due to violation of fair trade-related laws and regulations
Reporting and Dispute Mediation (Korea Fair Trade Mediation Agency/Subcontract Dispute Mediation Council)
- Reporting of unfair practices such as violations of the Monopoly Regulation and the Fair Trade Act, Fair Transactions in Subcontracting Act, the Fair Transactions in Franchise Business Act, the Act on Fair Transactions in Large Retail Business, and the Fair Agency Transactions Act and the Act on the Regulation of Terms and Conditions, etc.
- Representation of applicants or respondents for dispute mediation at the Korea Fair Trade Mediation Board/Subcontract Dispute Mediation Council, etc., on unfair practices such as violations of the Monopoly Regulation and the Fair Trade Act, Fair Transactions in Subcontracting Act, the Fair Transactions in Franchise Business Act, the Act on Fair Transactions in Large Retail Business, and the Fair Agency Transactions Act and the Act on the Regulation of Terms and Conditions, etc.
Advice on Fair Trades, Reporting on Business Combination, and Operation of Compliance Programs
- Regular provision of advice on multiple issues in relation to fair trade
- Reporting of business combinations as proxy, which is essential for the successful completion of any M&A
- Improvements in the analysis of risks in violation of fair trade laws, countermeasures and work processes / training on laws/case examples and noteworthy matters in relation to fair trade
- Response to on-site inspections, attendance in testimonial inspections, response to other investigations such as the request for the submission of materials by FTC
- Development of defense strategies through the analysis of FTC review reports, submission of written opinions, and defense at full committee meetings and subcommittee meetings
Litigation (Administrative Litigation, Civil Litigation, Prosecutorial Inspection – Criminal Litigation)
- Administrative litigation against FTC dispositions (revocation of correction orders and fine payment orders, revocation of restrictions on bidding participation, application for suspension of execution, etc.)
- Civil lawsuits, including lawsuits for damages arising from violations of fair trade-related laws and regulations
- Response to prosecutorial investigation and criminal lawsuits due to violation of fair trade-related laws and regulations
Reporting and Dispute Mediation (Korea Fair Trade Mediation Agency/Subcontract Dispute Mediation Council)
- Reporting of unfair practices such as violations of the Monopoly Regulation and the Fair Trade Act, Fair Transactions in Subcontracting Act, the Fair Transactions in Franchise Business Act, the Act on Fair Transactions in Large Retail Business, and the Fair Agency Transactions Act and the Act on the Regulation of Terms and Conditions, etc.
- Representation of applicants or respondents for dispute mediation at the Korea Fair Trade Mediation Board/Subcontract Dispute Mediation Council, etc., on unfair practices such as violations of the Monopoly Regulation and the Fair Trade Act, Fair Transactions in Subcontracting Act, the Fair Transactions in Franchise Business Act, the Act on Fair Transactions in Large Retail Business, and the Fair Agency Transactions Act and the Act on the Regulation of Terms and Conditions, etc.
Advice on Fair Trades, Reporting on Business Combination, and Operation of Compliance Programs
- Regular provision of advice on multiple issues in relation to fair trade
- Reporting of business combinations as proxy, which is essential for the successful completion of any M&A
- Improvements in the analysis of risks in violation of fair trade laws, countermeasures and work processes / training on laws/case examples and noteworthy matters in relation to fair trade
Major Performance
Cartels (Collusion) / Prohibited Acts for Trade Associations
- Responded to FTC inspections on commissions and collusive behavior concerning sales incentives in relation to the corporation operating the Seoul Garak Agro-fisheries Wholesale Market
- Responded to FTC inspections on bid rigging in relation to other tracklaying construction for Honam Highspeed Railway
- Responded to FTC investigation on price and market share collusion regarding dry mortar products by a cement manufacturer
- Responded to FTC investigation and assisted with administrative and criminal litigation for price collusion of old corrugated cardboard, sheets, and boxes by a corrugated cardboard manufacturer
- Assisted with administrative litigation on price collusion on printed and newspaper wastepaper by a whiteboard paper manufacturer
- Conducted administrative litigation for bid rigging related to centrifugal reinforced concrete pipes (sewage pipes) ordered by the Public Procurement Service
- Conducted administrative litigation for bid rigging related to material transportation services ordered by Korea Electric Power Corporation
- Handled administrative litigation for bid rigging related to the purchase and installation of village announcement radio devices
- Assisted in the administrative litigation concerning bid rigging related to the procurement of vaccines ordered by the Public Procurement Service, by vaccine manufacturers and distributors
- Conducted administrative litigation on bid rigging related to the procurement of furniture ordered by construction companies by furniture manufacturers and sellers
- Handled the administrative and criminal litigation for bid rigging related to the Onnara Business Process System ordered by the Office of Buk-gu, Busan Metropolitan City
- Conducted criminal litigation for bid rigging related to the procurement of ready-mixed concrete for the metropolitan area by a ready-mixed concrete supplier
- Assisted with criminal litigation for bid rigging related to LNG storage tank construction services ordered by Korea Gas Corporation
- Conducted administrative litigation for acts substantially restraining competition, such as price restrictions on goods of members of the School Food Ingredients Industry Cooperative (Cooperative C)
- Handled administrative litigation concerning acts substantially restraining competition, such as the cessation of price discounts by a movie theater association (Association S)
Abuse of Market Dominance / Unfair Trade Practices / Resale Price Maintenance Practices
- Advised a construction company (Company S) on unfair trade practices in the tenders for the operating rights/lease over highway service areas/gas stations
- Advised a company specialized in urban development (Company H) on issues of violations of the Fair Transactions in Subcontracting Act and the Monopoly Regulation and Fair Trade Act, in its award of a contract for services for integrated licenses/permits for a complex specialized in advanced chemicals
- Advised Company D on alleged violation of the Monopoly Regulation and Fair Trade Act in the operation of a merged company for the operation of Incheon inner ports
- Provided advice on potential violations of the Monopoly Regulation and Fair Trade Act of gas disconnections, etc., in case of gas users’ failure to make advance payments
- Advised a fire & marine insurance company (Company A) in relation to unfair trade practices such as termination of the contract on the subcontracted services of printing/dispatching of mail
- Handled FTC filings / dispute mediation by the Korea Fair Trade Mediation Agency on unfair trade practices by an elevator manufacturer (Company A)
- Handled FTC filings on unfair trade practices by a display manufacturer (Company S)
- Handled FTC filings on unfair trade practices by a construction company (Company D)
- Advised a large discount store operator (Company H), with respect to civil lawsuits seeking damages in relation to the refused contract renewal
- Responded to FTC investigations / administrative litigation on the abuse of dominance by a developer (Company S)
- Assisted with the administrative litigation on the abuse of market dominance by a global semiconductor company (Company Q), in relation to standard essential patents, etc.
Business Groups and Unfair Assistance (Intercompany Transactions) / Wrongful Benefit Taking
- Advised a portal company (Company A) on its false submission of materials for designation of business group subject to disclosure
- Advised on the development of working-level manuals and management plans following the designation of Group S as a business group subject to disclosure
- Advised to address the issue of circular shareholding of Group S
- Advised on unfair internal transactions of a consulting company (Company M)
- Advised on unfair intercompany transactions by a heavy industry company (Company S)
- Advised on the unfair assistance in an urban development company (Company H)
- Advised an HQ of a food service provider (Company K) on the unfair assistance in its execution of a cafeteria food service business agreement
- Advised a vehicle infotainment provider (Company H) on unfair assistance activities in the agreement on the development of mobile navigation services and the transfer of services
- Assisted with the administrative litigation related to the disposition of refusal of inspection/copying of materials concerning a carrier (Company K)'s unfair assistance to its affiliates
- Assisted with the administrative litigation, etc. in connection with the disposition of refusal of inspection/copying of materials related to the unfair assistance of affiliates of a petrochemical product manufacturer (Company H)
Business Combination (M&A)
- Assisted with the business combination filings for the acquisition of Samsung Techwin shares by Hanwha and the acquisition of Samsung General Chemicals shares by Hanwha Chemical and Hanwha Energy
- Assisted with the business combination filings for the transfer of the business of Daewoo Department Store Masan to Lotte Department Store Masan
- Assisted with the business combination filings for the acquisition of E-World shares by MRI No. 1
- Assisted with the business combination filings for the transfer of business of KT is to GLOBALTAXFREE
- Assisted with the business combination filings for the acquisition of Seminis by US-based Monsanto
- Assisted with the business combination filings for the establishment of a domestic private equity fund by UK-based Barclays Capital consortium
- Advised a company specializing in urban development (Company H) on the business combination restrictions under the Monopoly Regulation and Fair Trade Act, in relation to SPC establishment
Subcontracting / Franchise Business / Large Retail Business / Agents, etc.
(1) Subcontracting
- Advised on a violation of the Fair Transactions in Subcontracting Act, such as requesting and misappropriating technical data, with regard to a battery manufacturer (Company L)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by a general construction company (Company M)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by a construction company (Company D)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by an electric driver manufacturer (Company S)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by a mobile phone parts manufacturer (Company N)
- Reported to FTC regarding a violation of the Fair Transactions in Subcontracting Act by a construction company (Company S)
- Reported to FTC regarding a violation of the Fair Transactions in Subcontracting Act by an engineering company (Company H)
- Reported to FTC / applied for dispute mediation at the mediation committee regarding a violation of the Fair Transactions in Subcontracting Act by an engineering company (Company B)
- Applied for dispute mediation at the mediation committee regarding a violation of the Fair Transactions in Subcontracting Act by a material/parts producer (Company E)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by a ship manufacturer (Company H)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by a constructor (Company L)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by an engineering/construction company (Company B)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by a pharmaceutical company (Company Y)
- Handled a criminal lawsuit related to violations of the Fair Transactions in Subcontracting Act by a construction company (Company W), etc.
(2) Franchise Business / Large Retail Business / Agency
- Responded to an investigation by FTC regarding the provision of revenue estimations by a convenience store franchise operator (Company A)
- Responded to an investigation by FTC regarding the disadvantageous practices of a coffee franchise operator (Company A)
- Advised a large discount store operator (Company H) on the Fair Transactions in Franchise Business Act, with respect to the terms and conditions of the franchise agreements
- Advised a construction company (Company S) on the Fair Transactions in Franchise Business Act, with respect to the opening of a convenience store in the dormitory of Kyonggi University
- Represented a Korean restaurant (Company H) in its application for dispute mediation by a mediation center in connection with potential violations of the Fair Transactions in Franchise Business Act
- Reported to FTC regarding violation of the Fair Transactions in Franchise Business Act by a ginseng manufacturer (Company K)
- Represented a bingsu franchise operator (Company A) in a lawsuit seeking revocation of warnings rendered in connection with violations of the Fair Transactions in Franchise Business Act
- Represented an outlet operator (Company A) in a revocation litigation concerning corrective orders, etc. on violations of the Large-Scale Distribution Business Act
- Applied for dispute mediation by a mediation center regarding violations of the Act on Fair Transactions in Large Retail Business by a large health and beauty retail business operator, Company A
Labeling and Advertising / Regulation on Terms and Conditions / E-Commerce / Door-to-Door Sales / Installment Transactions, etc.
- Responded to FTC investigation on the emission labeling and advertising by a German automobile manufacturer (Company V)
- Responded to FTC investigation regarding human safety labeling and advertising by a humidifier sterilizer manufacturer (Company A)
- Responded to FTC investigation regarding a thermos manufacturer’s country of origin labeling (Company P)
- Responded to FTC investigation/handled an administrative lawsuit regarding unfair advertising practices of a consultancy (Company T)
- Handled an administrative lawsuit related to unfair advertising practices related to 5G service speeds by mobile carriers
- Handled a criminal lawsuit related to violation of the Act on Fair Labeling and Advertising by a food manufacturer (Company P)
- Reported to FTC regarding violation of the Fair Transactions in Franchise Business Act by a ginseng manufacturer (Company K)
- Advised H International on the violations of the Act on Door-to-door Sales, etc.
- Responded to FTC inspections on commissions and collusive behavior concerning sales incentives in relation to the corporation operating the Seoul Garak Agro-fisheries Wholesale Market
- Responded to FTC inspections on bid rigging in relation to other tracklaying construction for Honam Highspeed Railway
- Responded to FTC investigation on price and market share collusion regarding dry mortar products by a cement manufacturer
- Responded to FTC investigation and assisted with administrative and criminal litigation for price collusion of old corrugated cardboard, sheets, and boxes by a corrugated cardboard manufacturer
- Assisted with administrative litigation on price collusion on printed and newspaper wastepaper by a whiteboard paper manufacturer
- Conducted administrative litigation for bid rigging related to centrifugal reinforced concrete pipes (sewage pipes) ordered by the Public Procurement Service
- Conducted administrative litigation for bid rigging related to material transportation services ordered by Korea Electric Power Corporation
- Handled administrative litigation for bid rigging related to the purchase and installation of village announcement radio devices
- Assisted in the administrative litigation concerning bid rigging related to the procurement of vaccines ordered by the Public Procurement Service, by vaccine manufacturers and distributors
- Conducted administrative litigation on bid rigging related to the procurement of furniture ordered by construction companies by furniture manufacturers and sellers
- Handled the administrative and criminal litigation for bid rigging related to the Onnara Business Process System ordered by the Office of Buk-gu, Busan Metropolitan City
- Conducted criminal litigation for bid rigging related to the procurement of ready-mixed concrete for the metropolitan area by a ready-mixed concrete supplier
- Assisted with criminal litigation for bid rigging related to LNG storage tank construction services ordered by Korea Gas Corporation
- Conducted administrative litigation for acts substantially restraining competition, such as price restrictions on goods of members of the School Food Ingredients Industry Cooperative (Cooperative C)
- Handled administrative litigation concerning acts substantially restraining competition, such as the cessation of price discounts by a movie theater association (Association S)
Abuse of Market Dominance / Unfair Trade Practices / Resale Price Maintenance Practices
- Advised a construction company (Company S) on unfair trade practices in the tenders for the operating rights/lease over highway service areas/gas stations
- Advised a company specialized in urban development (Company H) on issues of violations of the Fair Transactions in Subcontracting Act and the Monopoly Regulation and Fair Trade Act, in its award of a contract for services for integrated licenses/permits for a complex specialized in advanced chemicals
- Advised Company D on alleged violation of the Monopoly Regulation and Fair Trade Act in the operation of a merged company for the operation of Incheon inner ports
- Provided advice on potential violations of the Monopoly Regulation and Fair Trade Act of gas disconnections, etc., in case of gas users’ failure to make advance payments
- Advised a fire & marine insurance company (Company A) in relation to unfair trade practices such as termination of the contract on the subcontracted services of printing/dispatching of mail
- Handled FTC filings / dispute mediation by the Korea Fair Trade Mediation Agency on unfair trade practices by an elevator manufacturer (Company A)
- Handled FTC filings on unfair trade practices by a display manufacturer (Company S)
- Handled FTC filings on unfair trade practices by a construction company (Company D)
- Advised a large discount store operator (Company H), with respect to civil lawsuits seeking damages in relation to the refused contract renewal
- Responded to FTC investigations / administrative litigation on the abuse of dominance by a developer (Company S)
- Assisted with the administrative litigation on the abuse of market dominance by a global semiconductor company (Company Q), in relation to standard essential patents, etc.
Business Groups and Unfair Assistance (Intercompany Transactions) / Wrongful Benefit Taking
- Advised a portal company (Company A) on its false submission of materials for designation of business group subject to disclosure
- Advised on the development of working-level manuals and management plans following the designation of Group S as a business group subject to disclosure
- Advised to address the issue of circular shareholding of Group S
- Advised on unfair internal transactions of a consulting company (Company M)
- Advised on unfair intercompany transactions by a heavy industry company (Company S)
- Advised on the unfair assistance in an urban development company (Company H)
- Advised an HQ of a food service provider (Company K) on the unfair assistance in its execution of a cafeteria food service business agreement
- Advised a vehicle infotainment provider (Company H) on unfair assistance activities in the agreement on the development of mobile navigation services and the transfer of services
- Assisted with the administrative litigation related to the disposition of refusal of inspection/copying of materials concerning a carrier (Company K)'s unfair assistance to its affiliates
- Assisted with the administrative litigation, etc. in connection with the disposition of refusal of inspection/copying of materials related to the unfair assistance of affiliates of a petrochemical product manufacturer (Company H)
Business Combination (M&A)
- Assisted with the business combination filings for the acquisition of Samsung Techwin shares by Hanwha and the acquisition of Samsung General Chemicals shares by Hanwha Chemical and Hanwha Energy
- Assisted with the business combination filings for the transfer of the business of Daewoo Department Store Masan to Lotte Department Store Masan
- Assisted with the business combination filings for the acquisition of E-World shares by MRI No. 1
- Assisted with the business combination filings for the transfer of business of KT is to GLOBALTAXFREE
- Assisted with the business combination filings for the acquisition of Seminis by US-based Monsanto
- Assisted with the business combination filings for the establishment of a domestic private equity fund by UK-based Barclays Capital consortium
- Advised a company specializing in urban development (Company H) on the business combination restrictions under the Monopoly Regulation and Fair Trade Act, in relation to SPC establishment
Subcontracting / Franchise Business / Large Retail Business / Agents, etc.
(1) Subcontracting
- Advised on a violation of the Fair Transactions in Subcontracting Act, such as requesting and misappropriating technical data, with regard to a battery manufacturer (Company L)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by a general construction company (Company M)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by a construction company (Company D)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by an electric driver manufacturer (Company S)
- Responded to FTC investigation regarding violation of the Fair Transactions in Subcontracting Act by a mobile phone parts manufacturer (Company N)
- Reported to FTC regarding a violation of the Fair Transactions in Subcontracting Act by a construction company (Company S)
- Reported to FTC regarding a violation of the Fair Transactions in Subcontracting Act by an engineering company (Company H)
- Reported to FTC / applied for dispute mediation at the mediation committee regarding a violation of the Fair Transactions in Subcontracting Act by an engineering company (Company B)
- Applied for dispute mediation at the mediation committee regarding a violation of the Fair Transactions in Subcontracting Act by a material/parts producer (Company E)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by a ship manufacturer (Company H)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by a constructor (Company L)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by an engineering/construction company (Company B)
- Handled an administrative lawsuit related to violations of the Fair Transactions in Subcontracting Act by a pharmaceutical company (Company Y)
- Handled a criminal lawsuit related to violations of the Fair Transactions in Subcontracting Act by a construction company (Company W), etc.
(2) Franchise Business / Large Retail Business / Agency
- Responded to an investigation by FTC regarding the provision of revenue estimations by a convenience store franchise operator (Company A)
- Responded to an investigation by FTC regarding the disadvantageous practices of a coffee franchise operator (Company A)
- Advised a large discount store operator (Company H) on the Fair Transactions in Franchise Business Act, with respect to the terms and conditions of the franchise agreements
- Advised a construction company (Company S) on the Fair Transactions in Franchise Business Act, with respect to the opening of a convenience store in the dormitory of Kyonggi University
- Represented a Korean restaurant (Company H) in its application for dispute mediation by a mediation center in connection with potential violations of the Fair Transactions in Franchise Business Act
- Reported to FTC regarding violation of the Fair Transactions in Franchise Business Act by a ginseng manufacturer (Company K)
- Represented a bingsu franchise operator (Company A) in a lawsuit seeking revocation of warnings rendered in connection with violations of the Fair Transactions in Franchise Business Act
- Represented an outlet operator (Company A) in a revocation litigation concerning corrective orders, etc. on violations of the Large-Scale Distribution Business Act
- Applied for dispute mediation by a mediation center regarding violations of the Act on Fair Transactions in Large Retail Business by a large health and beauty retail business operator, Company A
Labeling and Advertising / Regulation on Terms and Conditions / E-Commerce / Door-to-Door Sales / Installment Transactions, etc.
- Responded to FTC investigation on the emission labeling and advertising by a German automobile manufacturer (Company V)
- Responded to FTC investigation regarding human safety labeling and advertising by a humidifier sterilizer manufacturer (Company A)
- Responded to FTC investigation regarding a thermos manufacturer’s country of origin labeling (Company P)
- Responded to FTC investigation/handled an administrative lawsuit regarding unfair advertising practices of a consultancy (Company T)
- Handled an administrative lawsuit related to unfair advertising practices related to 5G service speeds by mobile carriers
- Handled a criminal lawsuit related to violation of the Act on Fair Labeling and Advertising by a food manufacturer (Company P)
- Reported to FTC regarding violation of the Fair Transactions in Franchise Business Act by a ginseng manufacturer (Company K)
- Advised H International on the violations of the Act on Door-to-door Sales, etc.
Related members
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- Antitrust and Competition Disputes
- Cartels
- Abuse of Market Dominance, Unfair Trade Practices, and Resale Price Maintenance Practices
- Business Groups and Unfair Assistance (Intercompany Transactions)
- Business Combination (M&A) Filings
- Subcontracting, Franchise Business, Large Retail Business, and Agents
- Labeling and Advertising, Regulation on Terms and Conditions, E-Commerce, Door-to-Door Sales, and Installment Transactions