Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, January 11, 2021

Access to Information in South Korean Competition Law Proceedings: Investigated Firms Must Assert Their Rights

Access to Information in South Korean Competition Law Proceedings: Investigated Firms Must Assert Their Rights

 
  • The subject of access in South Korea is the annexes to the Examiner’s Report, the equivalent to the Statement of Objections in the European Union system, not the case file. In many cases, the examiner (i.e., case handler) does not disclose some of the annexes for reasons related to the protection of confidential information, although the parties have a right to appeal.

  • The current applicable law on access to information lacks clear guidance on important issues such as how to define and treat confidential information. However, the recently approved bill as well as Korean Fair Trade Commission’s anticipated action are likely to resolve these issues.

  • If an investigated firm is not satisfied with the extent of information to which it has access to, the most recent cases suggest that seeking actively access to information right from the investigative phase, and if it fails, subsequently before the Korean Courts can pay off.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/01/access-to-information-in-south-korean-competition-law-proceedings-investigated-firms-must-assert-the.html

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