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Jaeho Moon Director, International Cartel Division Korea Fair Trade Commission.

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Presentation on theme: "Jaeho Moon Director, International Cartel Division Korea Fair Trade Commission."— Presentation transcript:

1 Jaeho Moon Director, International Cartel Division Korea Fair Trade Commission

2 Contents  Importance of Info Sharing between Competition Agencies  Cartel Regime in Korea  Review of Hypothetical Scenario What to share? What to ask for foreign counterparts to share  Info Sharing Examples  Thoughts on Info Sharing between Competition Authorities 2

3 Importance of Info Sharing between Competition Agencies Increasing cases of International cartel and challenges for competition agencies Benefits from agency-to-agency information sharing ① Get help in analyzing cases ② Get more cooperation from cartelists 3

4 Cartel Regime in Korea No provisions on information sharing with foreign competition authorities Fair Trade Act Article 62 prohibits disclosure of confidential business information acquired during the case handling procedure Possible to exchange with foreign agencies ① Non-secret information ② When there is a consent Formal/informal ways of exchange based on OECD recommendation or agreements 4

5 Review of Hypothetical Scenario  What to share? Any private information is basically considered to be confidential unless the KFTC proves it otherwise So if a foreign competition authority requested the KFTC to share intelligence submitted by CropPro or obtained during its investigation –the KFTC should examine if the information is classified and it can share them only when it decides that they are not classified 5

6 Review of Hypothetical Scenario Information produced by the KFTC during an investigation can be released –Only if they don't include any secret information or their secrecy is preserved by appropriate measure These procedures cost much time –So the KFTC works to secure a confidentiality waiver from CropPro in an initial stage of investigation so that the possibility of information sharing remains open 6

7 Review of Hypothetical Scenario the KFTC found that many enterprisers are reluctant to give a waiver. –So the agency has worked to get the waiver before granting a marker status –In the hypothetical scenario the KFTC would try to obtain a waiver from CropPro before it grants a marker status any already-disclosed data can be shared without a limit 7

8 Review of Hypothetical Scenario  What to ask for foreign counterparts to share In the pre-investigation phase –whether they opened an investigation or not –their future investigation plans –information submitted by CropPro or secured during a dawn raid –investigation tips learned from a dawn raid 8

9 Review of Hypothetical Scenario In the investigation phase –investigation status –schedule and strategy of a dawn raid if there is ongoing investigation coordination –materials collected from a dawn raid. In the post-investigation phase –final decision on CropPro –information on their analysis for determining anti- competitiveness and illegality –economic analysis data 9

10 Info Sharing Examples  Copy Paper Cartel case in 2010 The KFTC and ACCC shared various kinds of information Each agencies get a waiver from the leniency applicants  Air Cargo Transportation Cartel case in 2011 Worked together with the US DOJ, EU DG-Comp Conducted dawn raids simultaneously and shared analysis of applicable legal principles, investigation status 10

11 Thoughts on Info Sharing between Competition Authorities  For a successful data sharing –there should be mutual trust that shared intelligence will be properly protected –participating agencies should have a firm understanding that such data sharing will be mutually beneficial –we'll need solid formal/informal channels set up and well maintained for cooperation 11

12 Thank You


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