ABSTRACT

Intellectual property rights (IPR) are linked to innovation, which is the underpinning of competition. These are complex inter-relationships that need to be explored before an analysis can ensue concerning the state of competition law in South Korea. South Korea is a relative newcomer to the establishment of competition law, establishing the Monopoly Regulation and Fair Trade Act (MRFTA) in 1980 and then the Korean Free Trade Commission (KFTC) in 1981. The fact that the MRFTA was initially established was a feat of political will by intellectuals and government bureaucrats, as the opposition was great from a number of quarters, mainly the Chaebols and the proponents of the need for growth. The Republic of Korea (ROK) has also excelled in areas that involve dominant multinationals in the new digital, information-related economy and stopping them from breaking competition law. In fact, South Korea has pursued this line of enforcement more than other Asian counterparts.