Antitrust and fair trade issues are becoming more complex but remain vital to the success of any business in Korea. Kim Chang Lee advises on a wide range of domestic and multi-jurisdictional antitrust matters with a unique mix of legal, regulatory, economic and commercial expertise based on strategic analysis.

In accordance with the increasing emphasis on compliance with antitrust and fair trade laws in Korea, Kim Chang Lee has provided advice on the interpretation and application of the full range of antitrust- and fair trade-related statutes and regulations, including the Monopoly Regulation and Fair Trade Act, the Act on the Regulation of Terms and Conditions, the Fair Transactions in Subcontracting Act, the Fair Agency Transactions Act, the Act on Fair Transactions in Large Franchise and Retail Business, the Fair Transactions in Franchise Business Act, the Act on the Consumer Protection in Electronic Commerce, etc., the Act on Door-To-Door Sales, etc., and the Act on Fair Labeling and Advertising.

Our antitrust and fair trade practice includes counseling and representing our clients in litigation in connection with mergers, acquisitions, joint ventures and other business activities. Kim Chang Lee focuses on the optimal strategy and structure for each transaction in order to minimize the costs and risks associated with antitrust and fair trade law issues while always being mindful of the business goals and requirements of our clients. We regularly advise clients on research and development agreements, production agreements, distribution, marketing and sales agreements, licensing agreements, trade association activities, information exchange, joint ventures and other collaborative activities with competitors. We formulate strategies to enable our clients to achieve their business objectives and to ensure that their business transaction agreements and activities do not constitute a prohibited act under fair trade laws. In addition, Kim Chang Lee also represents clients in filing of business combination reports with various antitrust authorities around the globe, including Korea’s Fair Trade Commission, in connection with M&A transactions. We have been able to build a successful track record in this area through rigorous analysis of the competitive effects of a business combination or merger on a given market. We also work closely with clients to develop and implement internal antitrust compliance guidelines tailored specifically to their businesses and systemically monitor and audit business agreements and practices.

Our attorneys, in addition to providing general advisory guidance to clients, prepare statements and reports and represent our clients before the Fair Trade Commission during examinations, investigations and hearings, and in appellate administrative proceedings. We also represent our clients in criminal proceedings that result from the Fair Trade Commission’s decision to file a criminal complaint. Our fields of specialty in such matters include cartel activities, price fixing, unfair transactions, undue collaborative acts, false or exaggerated advertising and other unfair advertising, misleading labeling, unfair subcontracting transactions, and other various violations or potential violations of antitrust and fair trade laws.

• Japanese condenser manufacturer in an investigation by the Fair Trade Commission into suspected cartel activities by Japanese condenser manufacturers
• Domestic sports equipment seller in an investigation by the Fair Trade Commission into unfair trade practices and resale price maintenance
• Major foreign air carrier in an examination by the Fair Trade Commission into unfair standard terms for cancellation of tickets
• Multinational IT company in its response to a request for third party cooperation by the Fair Trade Commission in an investigation into abuse of superior bargaining position
• The Coca-Cola Company in its lawsuit for cancellation of a corrective order issued by the Fair Trade Commission in connection with alleged unfair trade practices
• Dispute arising under fair trade laws between SK Telecom and Shinsegi Telecom in connection with their merger
• The Fair Trade Commission’s corrective order on suspected cartel activities by three beer manufacturers
• Domestic and foreign multinational companies in filing of various business combination reports
• Domestic and foreign multinational companies in drafting of internal compliance guidelines on fair trade issues
• Domestic and foreign multinational companies in drafting of manuals on responding to on-site investigations by the Fair Trade Commission