Merger Regulations under the Korean Competition Law - Based on M&A Review Guidelines and KFTCs Decisions -

Abstract

As a general rule, the Monopoly Regulation and Fair Trade Act prohibits mergers restricting competition in a given area of trade, mergers achieved through coercion or any other unfair methods, or those consummated by way of acts of evasion of law. Acting either on its own authority or a notification by a company involved in the merger, the Korea Fair Trade Commission examines in detail whether the merger in question falls under the proscribed categories above. The M&A Review Guidelines, then, set a concrete standard to be used in assessing a merger.