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Dominance

Published: April 2019

Korea


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  • 1.

    Legal framework
    What is the legal framework in your jurisdiction covering the behaviour of dominant firms?

  • 2.

    Definition of dominance
    How is dominance defined in the legislation and case law? What elements are taken into account when assessing dominance?

  • 3.

    Purpose of the legislation
    Is the purpose of the legislation and the underlying dominance standard strictly economic, or does it protect other interests?

  • 4.

    Sector-specific dominance rules
    Are there sector-specific dominance rules, distinct from the generally applicable dominance provisions?

  • 5.

    Exemptions from the dominance rules
    To whom do the dominance rules apply? Are any entities exempt?

  • 6.

    Transition from non-dominant to dominant
    Does the legislation only provide for the behaviour of firms that are already dominant?

  • 7.

    Collective dominance
    Is collective dominance covered by the legislation? How is it defined in the legislation and case law?

  • 8.

    Dominant purchasers
    Does the legislation apply to dominant purchasers? Are there any differences compared with the application of the law to dominant suppliers?

  • 9.

    Market definition and share-based dominance thresholds
    How are relevant product and geographic markets defined? Are there market-share at which a company will be presumed to be dominant or not dominant?

  • 10.

    Definition of abuse of dominance
    How is abuse of dominance defined and identified? What conduct is subject to a per se prohibition?

  • 11.

    Exploitative and exclusionary practices
    Does the concept of abuse cover both exploitative and exclusionary practices?

  • 12.

    Link between dominance and abuse
    What link must be shown between dominance and abuse? May conduct by a dominant company also be abusive if it occurs on an adjacent market to the dominated market?

  • 13.

    Defences
    What defences may be raised to allegations of abuse of dominance? When exclusionary intent is shown, are defences an option?

  • 14.

    To what extent conduct is considered abusive
    Rebate schemes

  • 15.

    Tying and bundling

  • 16.

    Exclusive dealing

  • 17.

    Predatory pricing

  • 18.

    Price or margin squeezes

  • 19.

    Refusals to deal and denied access to essential facilities

  • 20.

    Predatory product design or a failure to disclose new technology

  • 21.

    Price discrimination

  • 22.

    Exploitative prices or terms of supply

  • 23.

    Abuse of administrative or government process

  • 24.

    Mergers and acquisitions as exclusionary practices

  • 25.

    Other abuses

  • 26.

    Enforcement authorities
    Which authorities are responsible for enforcement of the dominance rules and what powers of investigation do they have?

  • 27.

    Sanctions and remedies
    What sanctions and remedies may the authorities impose? May individuals be fined or sanctioned?

  • 28.

    Enforcement process
    Can the competition enforcers impose sanctions directly or must they petition a court or other authority?

  • 29.

    Enforcement record
    What is the recent enforcement record in your jurisdiction?

  • 30.

    Contractual consequences
    Where a clause in a contract involving a dominant company is inconsistent with the legislation, is the clause (or the entire contract) invalidated?

  • 31.

    Private enforcement
    To what extent is private enforcement possible? Does the legislation provide a basis for a court or other authority to order a dominant firm to grant access, supply goods or services, conclude a contract or invalidate a provision or contract?

  • 32.

    Damages
    Do companies harmed by abusive practices have a claim for damages? Who adjudicates claims and how are damages calculated or assessed?

  • 33.

    Appeals
    To what court may authority decisions finding an abuse be appealed?

  • 34.

    Unilateral conduct by non-dominant firms
    Are there any rules applying to the unilateral conduct of non-dominant firms?

  • Updates and trends

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Yulchon is a full-service international law firm headquartered in Seoul, Korea with a broad client base comprising major domestic and foreign companies. We employ over 400 professionals, including more than 60 licensed in jurisdictions outside of Korea.

View more information about Yulchon LLC


Seoul
Parnas Tower, 38F 521 Teheran-ro
Gangnam-gu
06164
Seoul
Korea
T: +82 2 528 5200
F: +82 2 528 5228


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