By Soyoung Kim and Hyunjoo Jin
SEOUL, Aug 21 (Reuters) - South Korea's new antitrust chief
said he has been in talks with the autos-to-steel conglomerate
Hyundai about overhauling its complex ownership structure, which
critics say gives too much power to its controlling family at
the expense of shareholders.
Kim Sang-jo, appointed to head the Korea Fair Trade
Commission by President Moon Jae-in, told Reuters that Hyundai's
web of cross shareholdings among its group affiliates has
resulted in a "big governance risk" for South Korea's
second-largest conglomerate, which is run by its 79-year-old
chief, Chung Mong-koo.
"Many people, including me, are telling Hyundai that they
shouldn't waste more time before dissolving cross shareholding,"
said Kim, who has been nicknamed "chaebol sniper" for his
shareholder activist campaigns targeting South Korea's powerful
family-run conglomerates. "I'm in ongoing conversations with
Hyundai."
In his first interview with foreign media since taking
office in June, Kim also said South Korea's antitrust watchdog
is looking into competition issues regarding Google's Android
mobile operating system, and has had conversations with the
European Commission.
The European Commission last year charged Alphabet's
GOOGL.O . Google for using its dominant Android system to shut
out rivals, and is weighing a record fine that could come by the
end of the year, Reuters reported in July. urn:newsml:reuters.com:*:nL8N1JW3X4
In South Korea, the Android operating system has a 74
percent market share, and industry officials have questioned
whether Google used its mobile dominance to prevent South Korean
companies such as Samsung Electronics 005930.KS from
developing their own operating systems.
South Korean regulators, which in December fined Qualcomm
Inc QCOM.O 1.03 trillion won ($854 million) for what it called
unfair business practices in patent licensing and modem chip
sales, is also cooperating with its European counterpart on its
own investigation into Qualcomm over related issues, Kim said.
Hyundai did not have immediate comment outside business
hours on Sunday.
LAST MAN STANDING
Kim is the architect of chaebol reform pledges made by Moon,
who was elected in a snap election in May to replace Park
Geun-hye, impeached over a corruption scandal that exposed the
cosy ties between government and chaebol such as Samsung Group.
At the heart of the governance conundrum are the
interlocking shareholdings among group companies held by their
founding families, which mean that if one affiliate goes
insolvent, another affiliate will often be forced to come to the
rescue.
It has been cited as a major factor behind the so-called
"Korea Discount" - meaning their shares are typically
undervalued in comparison to global peers.
In Hyundai's case, its chairman, Chung, controls the
sprawling conglomerate with only small stakes in key affiliates
including the automaker Hyundai Motor 005380.KS and parts
supplier Hyundai Mobis 012330.KS .
Kim said that Hyundai has stayed put even as many of South
Korea's top conglomerates have moved to unwind cross
shareholdings in recent years.
"I can tell you clearly that Hyundai recognizes it can't
live with its current circular shareholding structure forever,"
he said. "It won't be done overnight, but the company is
currently trying to find solutions."
He added: "Hyundai would be stupid if it didn't know the
expectations of the market and the government."
The chaebols, which have long dominated Asia's
fourth-largest economy, have also come under scrutiny over
intra-group business deals that favor affiliates owned by family
members at the expense of third-party competitors.
Kim said his agency had recently identified "several"
chaebol group companies for abusing intragroup deals, and
planned to launch formal investigations into some of them.
Hyundai Glovis 086280.KS , a logistics affiliate of Hyundai
Motor, is one of a handful of companies found to have frequently
used intra-group transactions, Kim said, declining to provide
other names.
TROUBLES AT SAMSUNG
Kim recently testified as an expert witness for prosecutors
in their bribery case against the Samsung Group leader Jay Y.
Lee, who has been jailed since February on charges that he
bribed Park, the former president.
Lee, who faces a court ruling on Friday, denied any
wrongdoing as prosecutors sought a 12-year jail term this month
on charges that include embezzlement and perjury. urn:newsml:reuters.com:*:nL4N1KS06X
Kim expects Lee's troubles will paralyse group-wide
decision-making and create "serious problems" for ailing
affiliates, such as the struggling shipbuilder Samsung Heavy
010140.KS , although the impact may be limited on crown jewel
Samsung Electronics 005930.KS .
"The verdict will have significant implications for
Samsung's future. The biggest risk will be to the
underperforming units that need group-wide support," he said.
Samsung declined to comment. The European Commission, Google
and Qualcomm could not be immediately reached for comment.
Kim said he would focus on stricter enforcement of existing
laws, such as using his agency's investigation powers, rather
than pursuing drastic legislative changes that could fail in
parliament where Moon's ruling party does not have the majority.
"President Moon is taking a lesson out of the failure of
chaebol reforms under the former liberal administration," Kim
said, referring to the unsuccessful reform efforts under the
administration of Roh Moo-hyun, who served as president between
2003 and 2008.
($1 = 1,138.7700 won)
(Additional reporting by Choonsik Yoo and Yuna Park; Editing by
Philip McClellan)
((hyunjoo.jin@thomsonreuters.com; 82-2-3704-5685; Reuters
Messaging: hyunjoo.jin.thomsonreuters.com@reuters.net))
Keywords: SOUTHKOREA ANTITRUST/