I've been reported to the Fair Trade Commission — is there anything I can prepare in advance before the investigation?

Hello. This is the Daeryun Law Firm fair trade specialist attorney.

Once a Fair Trade Commission report is received, the Fair Trade Commission reviews the facts and whether laws have been violated, and decides whether to launch a formal investigation.

Once a formal investigation begins, requests for submission of related materials or on-site investigations may take place, so it is very important to make advance preparations beforehand.

In particular, Fair Trade Commission investigations often start with on-site investigations without prior notice, and after delivery of an electronic data preservation request, emails, messengers, and PC data can be widely secured through digital forensics methods.

Therefore, the key is to carry out both document organization and statement risk management together from the pre-investigation stage.

First, you must organize the structure and background of the transaction in question.

For example, document whether price reductions or discount conditions were necessary in market competition and what procedures internal decision-making went through.

Second, you must also preserve communication records with transaction counterparties.

If you can prove through emails, text messages, meeting minutes, etc., that price negotiations or contract conditions proceeded without coercion, it is advantageous for responding to the Fair Trade Commission report.

Third, you must inform internal employees of precautions when responding to the investigation so that there are no unnecessary statements.

Response after a Fair Trade Commission report can lead to penalty surcharges or criminal complaints if the direction is set wrong in the early stages.

Therefore, even if it is still before the investigation, organizing the circumstances of the transaction and preparing materials to prove justifiable reasons are essential, and it is safest to receive advice from a specialist attorney.

Daeryun Law Firm has specialist attorneys with rich experience in fair trade and corporate cases, including attorneys with Fair Trade Commission service experience, who systematically respond from the early investigation stage with strategies for document submission and statement risk.