1. Case Overview
Company A is a business engaged primarily in logistics and freight forwarding services. Company A had previously been sanctioned multiple times by the Korea Fair Trade Commission (KFTC) and had been imposed a fine of KRW 11.37 billion.

2. Our Argument
We advised Company A that, under the "Amnesty Plus" program—where companies that voluntarily report one instance of collusion may receive an additional reduction in fines imposed for a separate collusion—they could apply for an additional reduction and potentially reclaim part of the previously paid fines.

However, the KFTC's official application form for Amnesty Plus contained language stating that, for a cartel to qualify as a "subject concerted act" eligible for additional reduction, there must have already been a second-tier reduction approved under leniency rules or a reduction based on cooperation during the investigation. Under a literal reading of this language, cartels that did not receive a second-tier leniency status or a cooperation-based reduction were excluded from the definition of a "subject concerted act."

We focused on a recent court decision (Seoul High Court Decision No. 2023Nu40405 dated April 4, 2024, which became final and binding following the Supreme Court's decision to dismiss the appeal without a hearing). According to this ruling, even if a cartel did not qualify for second-tier leniency or an investigative cooperation-based reduction, it could still be considered a "subject concerted act" eligible for Amnesty Plus, provided that all other requirements were met.

We submitted this ruling to the KFTC, explained its legal implications, and applied for an additional reduction on behalf of Company A, including collusive conduct that had met all other criteria except for the leniency or cooperation-based reductions.

3. Outcome of the Case
The KFTC fully accepted our argument and recognized that Company A's cartel activities—despite not qualifying for second-tier leniency or cooperation-based reduction—still qualified for Amnesty Plus. As a result, Company A was granted an additional reduction amounting to KRW 1.128 billion, approximately double the initially expected amount, and successfully reclaimed that portion of the fine.

4. Significance of the Case
Many businesses that participate in collusive conduct are unaware of the existence of the Amnesty Plus program and thus miss out on the opportunity to benefit from it. Even when companies are aware of the program and apply for an additional reduction, they may—like in this case—fail to include cartels that did not receive second-tier leniency or cooperation-based reductions, thereby missing the chance to secure greater relief.

By presenting and leveraging recent judicial precedents, we successfully persuaded the KFTC to grant additional reductions even for cartel conduct that initially seemed ineligible. This significantly mitigated the business impact that Company A would have suffered from paying a substantial fine.

Our approach in this case serves as a valuable precedent for companies considering applying for additional reductions under the Amnesty Plus program in future collusion investigations.