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Qualcomm has petitioned the Seoul Central District Court to not implement fines totaling SKW1.03 trillion (US$865 million) levied by the Korea Fair Trade Commission (KFTC).
A Qualcomm spokesperson confirmed to CNBC that chip designer has filed an appeal and an application for a stay of the KFTC’S decision, in response to a report from the The Korea Herald that said Wednesday was the deadline for filing after Qualcomm received the official documents 30 days ago.
The move comes as no surprise since Qualcomm had said in December that it would defend itself and seek a stay in the case, although the timing was off for the chip design house, which had expected it to take 4-6 months for the KFTC to take care of the paperwork.
Qualcomm argued that the Kaftan’s decision reflects a flawed process and there was a lack of any evidence of harm to competition and that the KFTC imposed a fine that is not reasonably related to the size of the Korean market.
Earlier this week, Qualcomm also sought to link the decision to the recent corruption scandal in South Korea. Investigators have already arrested Jay Y. Lee, the son of Samsung Chairman Lee Kun-hee on charges he provided bribes of up to SKW43 billion to a confidante of president Park Geun-hye, in exchange for government support of his succession at Samsung.
Prosecutors are now also investigating Samsung’s influence on the Korea Fair Trade Commission and have questioned Kim Hak-hyun, who until January was vice chairman of the antitrust watchdog, according to a Bloomberg News report. Qualcomm has noted that Kim was one of the people signing off on the fine against the US-based company, and that Samsung Electronics, one of Qualcomm’s largest customers, will be a major beneficiary of the decision.
Shin Yeong-ho, a spokesman for the KFTC, said the penalty imposed on Qualcomm has nothing to do with the recent scandal, Bloomberg noted.
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