Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The KFTC may impose various remedies including prohibition of transactions, disposition of all or parts of the shares acquired, resignation of an officer, transfer of business, a party publishing that it has received a corrective order, restrictions on the business method or business scope of the combined undertaking to prevent the negative effects of restricted competition and any other behaviora …

Conditions and commitments - Divestiture

The KFTC may impose various remedies including prohibition of transactions, disposition of all or parts of the shares acquired, resignation of an officer, transfer of business, a party publishing that it has received a corrective order, restrictions on the business method or business scope of the combined undertaking to prevent the negative effects of restricted competition and any other behavioral measures regarding the methods or scope of business activities.

The Guidelines on Imposition of Merger Remedies define general principles of merger remedies and various factors to be taken into account when imposing different remedies. A prohibition order is imposed only if partial divestiture is impossible or is insufficient to maintain effective competition. Behavioral remedies may be considered when they are sufficient to eliminate threats to competition but the KFTC has expressed a preference for structural remedies. The parties can propose remedies at any stage of the KFTC's review.

The MRFTA imposes an administrative fine of up to KRW 100 million (EUR 72.121) if the company fails to make a timely and correct notification. Gun-jumping incurs the same sanction. The KFTC can impose an administrative fine of up to 0.03% of the transaction value for each day the parties do not comply with its decisions, including remedial undertakings. Non-compliance with corrective measures may also be punished by a fine not exceeding KRW 150 million (EUR 108.182) and imprisonment of no more than two years (Article 67(6) of the MRFTA).

Global Competition Law

1297. Conditions and commitments - Divestiture

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Les notions juridiques connexes

1297. Conditions and commitments - Divestiture

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise