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Arnold & Porter Kaye Scholer LLP

Arnold & Porter Kaye Scholer LLP

Seoul, South Korea

Founded in 1946
2,057 people in their team
At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in more than 40 practice areas across the litigation,...
English
Korean

About Antitrust Law in Seoul, South Korea

Antitrust law in Seoul, South Korea, also known as competition law, is designed to promote fair competition in the marketplace and prevent activities that may harm consumers or hinder competition. The primary legislation governing antitrust in Seoul is the Monopoly Regulation and Fair Trade Act (MRFTA). This law aims to prevent unfair business practices, including collusion, abuse of market dominance, and unfair trade practices.

Why You May Need a Lawyer

Seeking legal advice from a lawyer who specializes in antitrust law in Seoul may be necessary in various situations, including but not limited to:

  • Being accused of violating antitrust laws
  • Facing investigations by the Fair Trade Commission
  • Entering into mergers or acquisitions and requiring guidance on compliance
  • Formulating business practices or contracts to ensure compliance with antitrust laws
  • Filing complaints against companies engaging in anticompetitive behavior

Local Laws Overview

The Monopoly Regulation and Fair Trade Act (MRFTA) is the primary legislation governing antitrust practices in Seoul, South Korea. Some key aspects of the local laws regarding antitrust are as follows:

  • Prohibition of Cartels: The MRFTA prohibits companies from entering into agreements to fix prices, allocate markets, or control production.
  • Abuse of Market Dominance: Companies with substantial market power are prohibited from engaging in unfair practices that hinder competition, such as predatory pricing or exclusive dealing.
  • Merger Control: Certain mergers and acquisitions may require approval from the Fair Trade Commission to ensure they do not substantially lessen competition in the market.
  • Unfair Trade Practices: Acts such as false advertising, unfair trade terms, and misleading representations are prohibited to protect consumers.

Frequently Asked Questions

1. What is the role of the Fair Trade Commission?

The Fair Trade Commission (FTC) is the regulatory body responsible for enforcing antitrust laws in Seoul, South Korea. It investigates anticompetitive practices, reviews mergers and acquisitions, and promotes fair competition in the marketplace.

2. What are the penalties for violating antitrust laws?

Violations of antitrust laws can result in significant penalties, including fines, damages, and court injunctions. Individuals involved may also face criminal charges, leading to imprisonment and fines.

3. How can I report anticompetitive behavior?

If you suspect anticompetitive behavior, you can file a complaint with the Fair Trade Commission. Provide relevant information and evidence to support your claim. The FTC will review the complaint and take appropriate action if required.

4. Are foreign companies also subject to antitrust laws in Seoul?

Yes, antitrust laws in Seoul apply to both domestic and foreign companies that engage in business activities within the jurisdiction. Foreign companies must comply with all relevant regulations when operating in Seoul, South Korea.

5. Can I consult a lawyer before engaging in potential antitrust violations?

Yes, seeking legal advice before engaging in business activities can help ensure compliance with antitrust laws. A lawyer specializing in antitrust law can guide you on potential risks, provide advice on compliance, and help structure business practices or contracts to avoid violations.

Additional Resources

If you need further information or assistance regarding antitrust law in Seoul, South Korea, consider consulting the following resources:

  • Seoul Fair Trade Commission - http://www.sftc.go.kr/
  • Monopoly Regulation and Fair Trade Act - http://www.law.go.kr/LSW/eng/engLsSc.do?menuId=2&query=%EC%98%81%EC%82%B0&x=0&y=0#liBgcolor18

Next Steps

If you require legal assistance or have specific questions regarding antitrust in Seoul, South Korea, it is advisable to consult with a lawyer who specializes in this field. They can provide personalized advice based on your unique situation and help navigate the complexities of antitrust law to protect your interests.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.