By Anna Fifield in Seoul
http://www.ft.com/cms/s/0/00d89e1e-b479-11db-b707-0000779e2340.html
Published: February 4 2007 23:25 | Last updated: February 4 2007 23:25
South Korea’s Fair Trade Commission has pledged to this year take an even tougher line against companies that allegedly abuse their market dominance, focusing on cartels and mergers in particular.
Kwon Oh-seung, the FTC chairman, said companies outside the chaebol conglomerates need a chance to grow. “In the past we have been focusing on unfair practices,” Mr Kwon, who took over leadership of the FTC last year, told the Financial Times. “But from this year we will strengthen our law enforcement on the abuse of market dominance and merger control.”
His vow comes as the National Assembly prepares this month to consider government plans to ease restrictions on South Korea’s big businesses, allowing them to invest more in their affiliates. This runs contrary to Mr Kwon’s attempts to impose tougher regulations on cross-investment among chaebol companies such as Samsung and Hyundai, and curtail their ability to control megalithic enterprises with single-digit shareholdings. Instead, Mr Kwon will this year turn to enforcing competition law.
“There is no problem with large companies who have become large through their competitiveness but companies that are dominant in the market should not abuse their dominance. We’re going to strictly regulate or prohibit any anti-competitive practices,” he said.
The watchdog is already active. In the past year it has launched investigations into Qualcomm and Intel, the US technology companies, and forced Microsoft to unbundle the Korean version of its Windows operating system, as well as fining it Won33bn ($31m).
Last month it fined Hyundai Motor Won23bn for violating competition rules by putting excessive pressure on its independent car dealers to promote sales.
Mr Kwon said he saw “some concerning signs” that Hyundai Motor was becoming unfair but the carmaker is already bristling at the FTC’s new-found muscularity.
“These investigations are very intrusive,” said Oles Gadacz, Hyundai spokesman. “How can a government agency decide where we can have distributors?”
Hyundai has been going through a tumultuous period, which will come to a head on Monday when a Seoul court delivers its verdict on chairman Chung Mong-koo, who is charged with embezzlement and breach of trust. Prosecutors are seeking a six-year jail term.
In the 1960s and 1970s, South Korea’s chaebol propelled the then poor country’s explosive growth. Now, South Korea is the world’s 10th largest economy, yet the family-run conglomerates have become what some see as untameable beasts in need of reining in.
Rather than pursue a crackdown on the chaebol, South Korea’s government is pushing a plan to ease the regulations that govern the conglomerates and the often tangled shareholding structures via which their controlling shareholders run vast industrial empires, often with formal shareholdings of 5 per cent or less.
The National Assembly is this month to consider a change that would see the number of companies subject to cross-shareholding restrictions fall from 343 units of 24 chaebol to only 24 companies belonging to seven groups.
The finance ministry says the move is intended to encourage corporate investment, which is forecast to slow sharply because of economic uncertainties caused by the strong won and December’s presidential election.
The view is backed by industry groups. According to the Federation of Korean Industries, the country’s 30 largest business groups expect to invest Won52,000bn this year, only 0.6 per cent more than in 2006.
The finance ministry argues that any efforts to tame the chaebol would potentially halt an already slowing economy. Indeed, within South Korea there is a fear that the country’s GDP would not grow without the chaebol.
But Mr Kwon, whose efforts to push through stricter cross-shareholding limits have been stymied by the government, argues that the new rules will simply help distort the Korean economy further.
Many analysts say it is time for Korea to wean itself off its dependence on both the chaebol and on manufacturing, for it to start developing the service sector, and to allow small- and medium- size enterprises – which employ 80 per cent of the working population – to grow.
Mr Kwon argues that in Korea “power is concentrated in too few hands”, singling out Samsung, Hyundai Motor, Hyundai Group, LG, SK and Doosan as the main offenders.
“When I compare Korea with other countries, like the US, the UK, Germany, I see that large business groups here have the power to hamper the functioning of markets so I am very concerned,” Mr Kwon says.
The chaebol have vehemently resisted attempts to curb their power. Lee Seung-chol of the FKI chaebol club argues that the restrictions on large business that the FTC wants to pursue are simply “wrong”.
“Even though big companies dominate the domestic market they don’t dominate international markets. In a global, open economy, market share does not equate to market power,” he says.