KIM&CHANG
Newsletter | May 2014, Issue 2
ANTITRUST & COMPETITION
The KFTC’s 2014 Policy Priorities
On February 20, 2014, Chairman Dae-Lae Noh of the Korea Fair Trade Commission (“KFTC”) reported the KFTC’s 2014 Business Plan (“Plan”) to the Office of the President.  Chairman Noh also presented KFTC’s policy priorities at the Korea Fair Competition Federation on March 21, 2014 and at the National Policy Committee of the National Assembly on April 10, 2014.
Rectification of Unfair Trade Practices
For state-owned enterprises, the KFTC will increase enforcement activities concerning unfair subcontracting and toll-gating or work tunneling practices involving their affiliates.
The KFTC will review enforcement of the laws on Subcontracting / Distribution / Franchising that were newly introduced in 2013.
The KFTC also plans to publish detailed guidelines specifying a basis and criteria for legal assessment of an inventory push-out practice often conducted against dealers.
The KFTC will focus on conglomerate company’s discriminatory practices against small-to-medium sized production and distribution companies; unfair trade practices by platform providers, such as portals and app stores; unlawful exclusion of competitors and tying practices in ICT hardware, such as network or broadcasting equipment; and enterprise software markets.
Facilitation of Innovation-Fostering Market Environment
The KFTC plans to introduce another set of guidelines to prevent technology takeovers by large conglomerates against the interests of small-to-medium businesses, while simultaneously monitoring activities and standardized contracts in industries involving technology-focused small-to-medium businesses.
The KFTC will focus on providing guidelines on review standards concerning patent abuse by Non-Practicing Entities.
Strengthening Enforcement of Fair Trade Law in Areas Closely Related to General Consumers’ Daily Lives
The KFTC plans to focus on collusive practices in markets for daily necessities and on abuses concerning electronic commerce, advertisement and standardized contracts.
Responding to Globalization of Competition Law
The KFTC will continue to cooperate with competition agencies in other jurisdictions to actively review global merger transactions and to intensify enforcement against unlawful collusion in global intermediate products and raw materials markets.
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If you have any questions regarding this article, please contact below:
Sung Eyup Park
separk@kimchang.com
Tae Hyuk Ko
taehyuk.ko@kimchang.com
For more information, please visit our website:
www.kimchang.com Antitrust & Competition Practice Group