Anti-chaebol regulations backfire

2013-11-25 18:03

Anti-chaebol regulations backfire

Brioche Doree, Dufry allowed ‘unintedned’ way into Korean market
By Yi Whan-woo
A growing number of foreign companies are entering the Korean market by taking advantage of loopholes in regulations introduced to prevent sprawling expansion of large firms and to nurture small- and medium-sized enterprises (SMEs) The National Commission for Corporate Partnerships, a presidential committee, has restricted family-owned conglomerates and companies with more than 300 employees from expanding into several industries in which the government intends to foster SMEs.
These industries include bakeries, restaurants, coffee shop franchises, duty free shops, catering, stationeries, car rentals and IT services.In the absence of domestic heavyweights, foreign companies such as Brioche Doree, Outback Steakhouse, Starbucks, Dufry, Arko, Office Depot and Mascus are now entering these industries.
Such multinational giants are able to enter into these industries because their branches in Korea each have less than 300 employees and, technically, are considered SMEs.
Brioche Doree, a France-based multinational bakery chain, opened its first store in the financial district of Yeouido on Nov. 4. The chain operates some 500 outlets in 50 countries and plans to open 80 more within 10 years. Its worldwide annual sales reached 1.105 billion euros (1.57 trillion won) in 2011.
It opened its Korean outlet in partnership with Daewoo Engineering & Construction. The Korean unit has 212 employees and is in charge of Brioche Doree’s sales activities here.
“The joint business between a domestic SME and a multinational company resulted in what I call a ‘blind zone’ that allows foreign firms to escape from the government’s control,” Rep. Hong Ji-man of the ruling Saenuri Party said during a parliamentary audit on the government in October.
Durfy entered Korea in a similar way. The Switzerland-based travel retailer set up Dufry Thomas Julie Korea, a joint venture established by Dufry and Korea’s Thomas Julie & Co. in August with an initial capital of 10 million won ($9,400). Dufry has a 70 percent stake in the firm.
And the company was selected as a preferred bidder on Oc. 22 by the Busan Regional Aviation Office of the Korea Airports Corporation to run duty-free shops in the Gimhae International Airport in the port city of Busan.
The question over the eligibility of Dufry’s subsidiary here as a successful bidder has been raised since the bidding was only reserved for SMEs. On the other hand, Dufy runs over 1,350 shops at airports, cruise lines, seaports and other major tourist locations in 45 countries.
Office Depot, a U.S-based stationery manufacturer, closed a 7.8 billion won deal in November 2012 to supply its goods to the Public Procurement Service (PPS) for the next two years. Office Depot runs 1,600 outlets in 60 countries including Korea.
The PPS, under the Ministry of Strategy and Finance, excluded domestic conglomerates from its maintenance, repair and operations bid to make room for SMEs.
Rep. Lee Hahn-koo of the ruling Saenuri Party said during a parliamentary audit last month that this was an example of a flawed system.
“Office Depot supplied goods to the PPS in the past. The government was fully aware that the U.S. firm is a multinational giant,” he said. “Its supply rate to the PPS jumped from 5.3 percent in 2011 to 26.3 percent last year.”

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Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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