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ARTICLE · 27 APRIL 2017

KFTC Imposes Corrective Measure On Dow-Dupont Merger

According to the KFTC's press release, the proposed merger does not raise competitive concerns in the seed, pesticide...

South KoreaAntitrust/Competition Law

On April 5, 2017, the Korea Fair Trade Commission ("KFTC") granted conditional clearance of the proposed merger of the Dow Chemical Company("Dow") and E. I. du Pont de Nemours and Company ("DuPont"), requiring a divestiture of ethylene acrylic acid (EAA) copolymers and ionomers business related assets.

According to the KFTC's press release, the proposed merger does not raise competitive concerns in the seed, pesticide, and other chemical-related industries because both Dow and DuPont have low market shares in these markets and indeed there are no business overlaps. On the other hand, the KFTC examined the market concentration, unilateral effect, and coordination effect in the EAA copolymers and ionomers market and concluded that the transaction will likely practically restrict competition in the market.

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