Republic of Korea: Standards for imposing surcharges enter into force

On 28 April 2026, the Fair Trade Commission adopted revised standards for imposing surcharges. The amended notice raises the minimum rates across all violation types under the Monopoly Regulation and Fair Trade Act. For unlawful concerted action, the floor increases from 0.5% to 10% for minor violations, from 3% to 15% for serious violations, and from 10.5% to 18% for very serious violations. For unlawful subsidy provision and unfair provision of benefits to related parties, the minimum rate increases from 20% to 100%, while the maximum rises from 160% to 300%. The amended notice also strengthens aggravation rules. The maximum surcharge increase for repeat violations rises from 80% to 100%, with up to 50% applied for a single prior violation within five years. For repeat collusion offences, a prior surcharge payment order within ten years can trigger an increase of up to 100%. At the same time, the notice reduces available discounts: the cooperation discount falls from a combined 20% to 10%, the voluntary correction discount from 30% to 10%, and the 10% discount for minor negligence is removed. The amended notice does not apply to violations concluded before 30 April 2026.