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25 Mar 2016

Unconditional Merger Clearance – Dell’s $67 Billion Acquisition of EMC

Yulchon obtained unconditional antitrust merger clearance from the Korea Fair Trade Commission for this largest-ever tech industry merger deal to date. Yulchon coordinated its efforts with global coordinating antitrust counsel for both the buyer and seller as well as numerous local counsel in various jurisdictions in a highly organized and efficient manner. This close coordination among counsel was of paramount importance in ensuring that deal would get unconditional clearance in each jurisdiction without negatively affecting the procedures in other jurisdictions. To that end, we customized our presentations to the KFTC by carefully and effectively integrating the global counsel’s initial briefing paper and our analysis of the unique local market conditions, all without inadvertently triggering an issue for other jurisdictions.

 

Substantively, the transaction presented subtle but very real and complex issues that could have easily prolonged the investigation with one false step. We managed to answer the KFTC"s series of questions and requests for additional information and made highly persuasive in-person presentations to secure unconditional clearance without undue delays.

 

Attorneys Cecil Saehoon Chung, Kyu Hyun Kim, Tae Yong Kim, Keon Woong Kim, Ji Young Chung handled this case.

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