Information Sharing - Experience of Korea Fair Trade Commission -

1. Information Sharing- Experience of Korea Fair Trade Commission - 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

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 • Get help in analyzing cases • Get more cooperation from cartelists

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 • Non-secret information • When there is a consent • Formal/informal ways of exchange based on OECDrecommendation or agreements

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

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

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

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

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

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

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

12. Thank You jaehomoon1213@gmail.com