“企业海外反垄断合规指引”系列四 6张图了解韩国反垄断法律法规

Core Viewpoint - The article discusses the accelerated internationalization of Chinese enterprises and the importance of understanding overseas antitrust compliance, highlighting the launch of a series of guidelines by People's Daily in collaboration with the State Administration for Market Regulation [1] Group 1: Antitrust Compliance Guidelines - The guidelines provide insights into foreign antitrust legal systems categorized by country, aimed at assisting business operators in navigating international competition [1] Group 2: Merger Notification Thresholds - A merger must be reported if any participating party has a global asset total or global revenue of 3 trillion Korean Won (approximately 2.3 billion USD) in the previous fiscal year, or if another party has 300 billion Korean Won (approximately 230 million USD) [3] - For transactions involving parties outside Korea, each must have a revenue of at least 300 billion Korean Won in Korea during the previous fiscal year [3] - The transaction amount must reach or exceed 6 trillion Korean Won (approximately 4.6 billion USD) and the target company must conduct substantial business activities in the Korean market [3] Group 3: Merger Review Standards - The Korea Fair Trade Commission evaluates mergers based on multiple factors, including market share, market concentration, and market entry [3] Group 4: Review Timeline - The review period is 30 calendar days from the receipt of the notification by the Korea Fair Trade Commission, extendable by up to 90 days depending on case complexity [3] Group 5: Review Outcomes - Possible outcomes of the merger review include unconditional approval, conditional approval, or prohibition of the merger [4] Group 6: Legal Responsibilities for Non-Compliance - Companies failing to report or implement a merger without approval may face fines up to 100 million Korean Won (approximately 76,000 USD) [4] - Violating conditional approval or prohibition can result in daily fines up to 0.03% of the transaction amount, with a maximum of 200 million Korean Won (approximately 152,000 USD) [4] Group 7: Types of Anticompetitive Agreements - Major types of anticompetitive agreements include price fixing, setting terms of trade, limiting production or supply, and restricting market access [5] Group 8: Legal Penalties for Anticompetitive Behavior - Companies may face administrative fines of up to 20% of the relevant product's revenue during the violation period, with a maximum fine of 4 billion Korean Won (approximately 3 million USD) [6] - Individuals may face up to three years of imprisonment and fines up to 200 million Korean Won (approximately 152,000 USD) [7] Group 9: Abuse of Market Dominance - A company is presumed to have market dominance if it holds a market share of 50% or more, or if the top three companies collectively hold 75% of the market share [9] Group 10: Types of Abusive Conduct - Abusive conduct includes unfair pricing practices, exclusion of competitors, and interference with new market entrants [10][13]