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Business Groups and Unfair Assistance (Intercompany Transactions)

Introduction

The Fair Trade Team is comprised of lawyers with expertise in fair trade cases, led by lawyers with backgrounds in the Fair Trade Commission (“FTC”) with extensive experience in working hands-on at FTC. Our team regularly provides advice on fair trade issues related to business groups and unfair assistance, intercompany transactions, and profit-taking that arise in the course of business activities, and monitors and responds to every phase of FTC reviews, from initial investigation to final deliberation.

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.

Major Business

- Advice on restrictions on holding company activities
- Advice on disclosure of business groups subject to disclosure (board of directors’ resolution and disclosure of large-scale internal transactions, disclosure of important matters of unlisted companies, and disclosure of the current status of business groups)
- Advice on business groups subject to limitations on cross shareholding (cross shareholding, circular shareholding, debt guarantees for affiliates, and restrictions on voting rights held by financial/insurance companies)
- Advice on acts of unfair assistance (collection of work, tolls, etc.)
- Advice on the solicitation of private interests by the owner’s family
- 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
- Relevant administrative litigation (application to seek revocation of the imposition of penalties and corrective orders, and suspension of enforcement, etc.)
- Relevant prosecutors’ investigations and criminal lawsuits
- Relevant civil lawsuits (claims for damages, etc.)
- Fair trade risk analysis on general corporate legal affairs, through the operation of a compliance program
- Employee training

Major Performance

- 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)

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