According to the Guidelines, mergers subject to a simplified review are
presumed not to be anticompetitive and thus, undergo a simplified review that
lasts no more than 15 days in principle. Setting a ‘safety zone’, a merger that is
below a certain level of market concentration is entitled to a simplified review.
In other words, a gateway review is carried out using market concentration.
The mergers not subject to a simplified review undergo a general review to
determine whether a merger is anticompetitive. The general review will look
into a number of factors in the following order; whether a controlling
relationship is created between the merging parties, how the relevant market is
defined, whether a merger lessens competition, and whether an efficiency
defense is established and whether a failing firm defense is established.the Samick case. This paper will
briefly look at the current Guidelines.