KFTC Proposes Amendments to the Merger Review Guidelines - Modernization of the Merger Review Process to Reflect Digital Economy Dynamics

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2023.12.18.

On November 14, 2023, the Korea Fair Trade Commission (“KFTC”) published its proposal to amend the Merger Review Guidelines, specifically tailored to address the complexities of the digital economy (“Proposed Amendments”). The Proposed Amendments include an updated methodology for defining the relevant markets in digital sectors, particularly in cases involving free service providers and multi-sided markets. Additionally, the Proposed Amendments seek to refine how the KFTC evaluates competitive effects, focusing on network effects and the unique challenges posed by mergers involving entities offering free services, and also conglomerate mergers involving online platforms. The Proposed Amendments are also aimed at modifying the scope of simplified merger reviews.

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Attachment KFTC Proposes Amendments to the Merger Review Guidelines - Modernization of the Merger Review Process to Reflect Digital Economy Dynamics.pdf

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