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Korean Air Fine Cut 94% by FTC Sparks Debate Over Enforcement Decree Limits

Published: · Source: yna.co.kr

Korean Air Fine Cut 94% by FTC Sparks Debate Over Enforcement Decree Limits
TL;DR: South Korea’s FTC sharply reduced Korean Air’s compliance fine by 94%, raising debate over whether a lower-level notice can alter enforcement decree-based calculations.
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South Korea’s Fair Trade Commission is facing debate after it sharply reduced a compliance fine imposed on Korean Air for failing to meet merger remedy obligations. The case concerned the carrier’s duty not to cut seat supply on the Incheon-Frankfurt route. Under the enforcement decree formula, the amount was calculated at 98.09 billion won. After a 40% reduction, it stood at 58.86 billion won, but the final penalty was set at 5.89 billion won. The total reduction was about 94%. The controversy centers on whether the FTC relied on a lower-level notice to reach a result different from the amount set by the higher enforcement decree, making predictability of future sanctions a key issue. Source: yna.co.kr

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