Seminar on ‘Antitrust Trends & Case Law’

On June 17, 2025, Lee & Ko hosted a seminar on “Competition Law Trends & Precedents”. 

In the seminar, which was held both online and offline, Lee & Ko’s experienced and specialized antitrust and competition law experts and attorneys analyzed and explained the decisions and implications of major antitrust cases.

In the first session, former Director General of the KFTC, Senior Advisor Moo Jin Choi, gave a presentation on “Competition Law Enforcement Trends and Outlook.” During his presentation, Mr. Choi explained the expected policy direction and enforcement outlook of the KFTC following the new administration taking office after the presidential election, focusing on expected legislative changes to the Fair Transactions in Subcontracting Act (tightening regulations for the misappropriation of technology), Fair Transactions in Franchise Business Act, and bills aimed at regulating the monopolies of online platforms (e.g., Online Platform Act).  

In the second session, Mr. Byong Ki Chung presented “Collusion and Illegal Conduct Prohibited by Business Associations Case Precedent.” During the session, Mr. Chung discussed a Seoul High Court case in which the application of the Monopoly Regulation and Fair Trade Act was excluded on the grounds that the Korean Bar Association’s conduct constituted the exercise of public power, another Seoul High Court case where the court rejected the anti-competitiveness and unreasonableness of reducing duck meat production by taking into account the unique characteristics of agricultural and livestock products, and precedent on leniency applications involving collusion and additional cases of leniency applications.  

In the third session, Lee&Ko lawyer introduced the topic of “Abuse of Market Dominance and Illegal Affiliate Transaction.” Lee&Ko lawyer explained a recent Supreme Court decision recognizing illegal affiliate support even though the ordinary but-for price was not precisely calculated and discussed practical considerations to be aware of when engaging in transactions between affiliates.

In the fourth and final session, Ms. Ji Yeon Kim introduced recent precedents related to the Fair Transactions in Subcontracting Act, Fair Transactions in Franchise Business Act, Fair Agency Transactions Act, and the Act on Consumer Protection in Electronic Commerce. Ms. Kim discussed a Fair Transactions in Subcontracting Act case in which a legitimate justification for an unreasonable reduction in payment was recognized, emphasizing the importance of inspection for prime contractors and the duty to provide notification. She also discussed a case where the Supreme Court for the first time clarified the meaning of “relevant sales amount,” the standard for calculating administrative fines under the Fair Transactions in Franchise Business Act. Specifically, Ms. Kim stressed the need for caution with respect to mandatory item violations in practice due to the KFTC’s recent focus on this issue, and because the current standards for determining the relevant sales amount, may result in significantly larger administrative fines.