South Korea

The KFTC is a ministerial-level government agency with investigation, adjudication, and sanction powers. Appeals go to the Seoul High Court. Criminal referrals to the Prosecutor's Office for serious violations.

MRFTA Article 40 (formerly 19) prohibits unfair concerted practices. Price fixing, output restriction, market allocation, and bid rigging are prohibited. Surcharges of up to 20% of relevant turnover for cartels.

RPM regulated under MRFTA Article 46. Vertical restraints assessed as unfair trade practices under Article 45. The KFTC has been active in enforcing against online RPM, particularly in e-commerce.

MRFTA Article 5 prohibits abuse of market-dominant position. Presumption of dominance at 50% for one firm. Covers pricing abuses, exclusionary conduct, and consumer harm. Active enforcement against tech platforms.

Mandatory post-merger notification (or pre-closing for large mergers). Thresholds based on assets/turnover (combined >KRW 300bn and target >KRW 30bn). 30-day Phase 1 review, extendable Phase 2 (90 days + extensions).

First reporter receives full surcharge immunity, second up to 50% reduction. Programme established in 1997, strengthened multiple times. Active source of cartel detection with high application rates.

Consent order system introduced by 2021 MRFTA reform. Parties can propose corrective measures without admitting liability. KFTC also uses corrective orders and voluntary compliance programmes.

Administrative surcharges up to 20% of relevant turnover for cartels, 6% for abuse of dominance. Criminal penalties include imprisonment up to 3 years and fines up to KRW 200 million. Personal liability for executives.

Telecommunications Business Act amendments address platform practices. Online Platform Act proposed for ex ante regulation of large platforms. KFTC has been aggressive in tech enforcement: Google app store (KRW 207.4bn), Qualcomm (KRW 1.03 trillion).

KFTC has general jurisdiction. KCC (telecoms), FSC (financial services), and other regulators address sector-specific competition matters. KFTC retains primacy for competition enforcement.

KFTC has extensive investigative powers including on-site inspections, document requests, and witness testimony. Can request cooperation from prosecutors and police for enforcement. Enhanced digital investigation tools.

Private damages claims available but less common than administrative enforcement. Treble damages introduced for cartel cases in 2019 MRFTA amendment. Class action provisions being developed. Courts can award damages based on KFTC findings.

KFTC has cooperation agreements with 20+ authorities including the US, EU, Japan, China, and Australia. Active member of ICN and OECD Competition Committee. Coordinates on multi-jurisdictional merger reviews.

Continued tech enforcement (Google, Coupang). Implementation of consent order system. Platform economy regulation. Enhanced cartel detection through data analytics. Strengthened chaebol regulation and intra-group transaction monitoring.