The leniency program in Korea has been improved by a number of amendments to ensure the predictability of immunity from sanctions for the applicants involved in the collusive activities. These improvements have contributed to the enhance of transparen...
The leniency program in Korea has been improved by a number of amendments to ensure the predictability of immunity from sanctions for the applicants involved in the collusive activities. These improvements have contributed to the enhance of transparency of the leniency program, and made it easier for the competition authority to detect cartel activities thereof. In addition, the recent amendment of the Monopoly Regulation and Fair Trade Act(“the MRFTA”) allowed joint leniency application system. However, the current leniency program has still some practical problems such as the extension of leniency marker to the JV partners, the possibility of subrogated leniency application, the immunity from the Korea Fair Trade Commission`s complaint to the Prosecutor`s Office and the requirement of the public notification to break out the cartel activities, etc. Therefore, we should continue to find out various issues of our current leniency program, to contemplate on the reformations and to make it more effective and reasonable.