We at Haemaru have extensive experience on all sides of antitrust issues. On the one hand we have represented the Korea Fair Trade Commission in litigation brought against the Commission to revoke corrective measures issued for cartels and unfair trade practices. On the other, we have represented respondents in administrative appeals, administrative litigation, and hearings before the Commission for the Commissions administrative measures, including corrective orders and levies. We have also mediated related cases under the Fair Trade Act in the Korea Fair Trade Mediation Agency. Such multifaceted experience has given us unparallelled insight into the process and substance of fair trade issues.
Cartels
A cartel refers to an enterprise making an agreement with another enterprise jointly limiting the price, transaction terms, transaction quantity, transaction party, or transaction area of a good or service, thereby substantively limiting competition in the related field.
Misuse of Market Dominant Position and Unfair Trade Practices
These refer to an enterprise in a market dominant position, or all enterprises together, engaging in acts that hinder fair and free competition in the relevant market. The types and thresholds for the violating acts are provided for in the relevant enforcement decree.
Violations of the Fair Transactions in Subcontracting Act
These refer to a client misusing their superior position to engage in unfair trade practices against a contractor in an economically vulnerable position, thereby violating laws enacted to establish a fair contracting order.
Violations of the Act on the Regulation of Terms and Conditions
Terms and conditions refer to a contract prepared in a fixed format so that a business can make contracts with numerous other parties (clients). In order to ensure the fairness of such terms and conditions, unfair terms and conditions cannot be incorporated into contracts and their interpretation and legal effect are controlled as well.
Corporate Merger Practice
Corporate merger refers to a transaction in which corporations are merged in capital, identity, and structure so that corporate activity is united under a single management and the individual identities of the corporations are extinguished.
Representative matters:
  • Counsel in mediation for violations of the Act on the Regulation of Terms and Conditions, subcontracting laws (2017)
  • General Counsel (Antitrust Law) with conglomerates who had potential violations of the Fair Transactions in Subcontracting Act (2017)
  • Legal consultation with Joil ECS whether its violated the Fair Transactions in Subcontracting Act in its Mongolian construction agreement (2017)
  • Counsel for a corporation in reporting a conglomerate (an electronics company) to the Fair Trade Commission for a violation of the Fair Transactions in Subcontracting Act (2017)
  • A case relating to a wrongful subcontracting payment (2016)
  • Namyang Co. Ltd. case (2011)
  • CJ Entertainment Co. Ltd. case (2009)
  • Daewon Co. Ltd. case (2007)
  • Daehan Steel Co. Ltd. case (2006)
  • Korea Container Terminal Authority case (2006)
  • Boseong PowerTech and 8 companies’ litigation against the Fair Trade Commission (2005)
  • Kia Automobile’s litigation against the Fair Trade Commission (2005)
  • Carrier Vending Machine Co. Ltd.‘s litigation against the Fair Trade Commission (2005)