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In the past few years, a significant number of civil damages lawsuits have been litigated following the prosecution of various public construction bid-rigging cases in Korea. Between 2009 and 2011, during the administration of former President Myung-Bak Lee, a massive number of large-scale civil engineering and environmental infrastructure project...

In August 2019, the Korea Fair Trade Commission (KFTC) conditionally approved the merger of POOQ and Oksusu, two major OTTs in Korea. OTTs are increasingly becoming the center of attention in the ICT and media industries in Korea, but their dynamic nature and lack of classification scheme make it difficult to analyze their competitive effects. In...

The global economy is rapidly shifting to a digital economy. From the perspective of competition authorities, the challenge is how to evaluate new digital trading methods and how to apply the established competition rules. In the digital economy, the starting point for discussions on the enforcement of competition law the so-called “platforms” as n...

It has been 40 years since the Korea Fair Trade Act(Monopoly Regulation and Fair Trade Act) was enacted in 1980 and enforced in 1981. The development of antitrust policy in Korea may be evaluated in various aspects. But the most important one is ‘rationalization or advancement’, which is to apply the effect-based approach of rule-of-reason in asses...

In the recent 'BCG Preventive Vaccine' case, the two market dominant undertakings have gained unfair economic benefits by increasing the sales of high-priced products(B Vaccine) instead of supplying low-priced products(A Vaccine) with similar preventive function. Although the two product suppliers were in competition, they were able to control impo...

Ⅰ. THE FOURTH INDUSTRIAL REVOLUTION AND MODERNIZING COMPETITION LAW

The advent of the Fourth Industrial Revolution is ushering in an era where aritificial intelligence (AI) maximizes automation and connectivity. In addition, IT digital technologies such as the Internet of Things (IoT), the 5G Communication Network, and the Big Data are com...

During the oral arguments before the 9th Circuit in February 2020, both the FTC’s and Qualcomm’s counsel made extensive references to the 1995 consent decree between the Department of Justice and Microsoft banning the so-called “per-processor licensing contracts”. Qualcomm claimed that its “No license, no chips” policy is “totally different”.
A...