Rulings on Failing Firm Defense
While acknowledging that Young Chang is financially troubled, the KFTC
concluded that the firm would be able to stay afloat given the circumstances
even in the absence of the merger. Moreover, according to the KFTC, the
production facility of Young Chang could be continuously utilized even in the
absence of the merger. In addition, the merging process of Young Chang
indicated that a merger that is less anticompetitive than the proposed
acquisition would be possible.