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Client Alert January 30, 2023

Korean Companies Should Prepare For Rising U.S.-Korea Parallel Antitrust Investigations

  • Korean and U.S. antitrust enforcers are working ever closer together in investigating potential anticompetitive behavior.
  • Korean companies are at risk – even conduct based entirely in Korea could be scrutinized.
  • We look at the enforcement hotspots and how Korean companies can deploy an effective multijurisdictional defensive strategy.

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Client Alert January 18, 2023

Opportunities for Foreign Activist Investors to Take Advantage of Korea’s Shifting Corporate Landscape

  • The Korean corporate landscape is becoming more favorable for activist campaigns.
  • Foreign activist investors have new opportunities to push for change and maximize value, even against the biggest chaebols.
  • Our team explains what these developments mean and how investors can take advantage.

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Client Alert October 12, 2022

Maximize Shareholder Value: Activist Investor Strategies in Korea

  • Recent developments in Korea have made Korean chaebols attractive to overseas activist investors.
  • However, the intricacies of Korean capital markets and legal practice, and the influence of chaebols, mean investors need to tread carefully.
  • Only by engaging in creative strategies that consider local and overseas factors can investors have the greatest chance of maximizing shareholder value.

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Client Alert January 24, 2022

U.S., Korea Antitrust Enforcers on Watch for Bid-Rigging in USFK Defense Contracts

  • South Korea and U.S. antitrust regulators are increasing collaboration in cross-border matters, with the Biden administration gearing up enforcement.
  • Potential targets include South Korean companies that conduct business with the U.S. Forces Korea (USFK).
  • Our team explains why an aggressive, multi-jurisdictional defense is necessary to mitigate the risks

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Client Alert September 15, 2021

Minority Shareholders Gain Tools Against Corporate Abuse in Korea

  • Minority shareholders of South Korean industrial conglomerates, or “chaebols,” have had few ways to protect their interests against controlling shareholders.
  • However, with the passage of new amendments to the Korea Commercial Code (KCC), minority shareholders have gained new tools to even the playing field.
  • Our Claim Monetization and Dilution team looks at the key changes and implications that minority shareholders and activist investors should know about.

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Client Alert May 26, 2021

When Investments Lead to Investigations: Navigating Korea’s Disclosure Rules for Foreign Investors

  • South Korea is an attractive destination for investors in private equity and venture capital, but the country’s changing disclosure rules could risk a drawn-out government investigation.
  • Recent changes, designed to relax disclosure for most investors, adds complexity that could be used by the government against international investors to protect domestic companies.
  • International parties investing in a Korean company can and should anticipate this risk in a way that maintains both independence and confidentiality.

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Client Alert May 15, 2019

“Cartels Beware”: U.S.-Korea Antitrust Enforcement Likely to Reach a New Scale

  • A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.
  • A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.
  • When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

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