Practice Areas
Our People
News & Resources
Book Consultation

Q
Views8,746
Our company intends to pursue a business combination with a competitor as part of a strategic alliance. We are considering it by way of a merger or the acquisition of equity shares, and I have heard that a review by the Fair Trade Commission is required in this regard. I am curious about whether every business combination must be reported, whether everyone is subject to review, and what the criteria for the review are, among other things.
Business combination
Answer
Published:
Author : Kuk Il KIM
It appears that you are preparing a business combination.
A business combination between a company with assets or revenue of 300 billion won or more and a company with assets or revenue of 30 billion won or more must necessarily be reported as a business combination to the Fair Trade Commission (Article 18 of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act).
In particular, in the case of a large-scale company whose total assets or revenue is 2 trillion won or more, a business combination, excluding the concurrent holding of executive positions, is subject to prior approval, so caution is required in that a business combination report must necessarily be carried out before concluding an M&A.
In addition, the business combination review is conducted on the basis of the Business Combination Review Standards (Fair Trade Commission Notice No. 2019-1), and it determines the relevant market and examines whether the party will become a dominant business operator after the combination and whether there is any effect of blocking new entry or restricting competition.
In this process, if a restriction on competition is recognized, the combination is prohibited or approved on condition of corrective measures; conversely, if it is judged that there is no restriction on competition, it is permitted as is.
Therefore, when pursuing a business combination, it is important to check in advance whether the transaction is subject to reporting and whether there are any issues in the assessment of competition restriction during the review.

Corporate Rehabilitation, Bankruptcy, and M&A 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0