This article was published on Aug. 24, 2025, at 12 p.m. on the ChosunBiz RM report site.
The Fair Trade Commission plans to comprehensively examine the systems and law enforcement methods of major foreign competition authorities in the United States, European Union (EU), Spain, Australia, and the United Kingdom. Through this, the Fair Trade Commission aims to promote the advancement of systems and enforcement, including the detection of collusion based on artificial intelligence (AI), integrated consumer protection enforcement, and improvements to the corporate merger review process. This marks the Fair Trade Commission's full-scale engagement in policy exploration following calls to strengthen its role since the new government took office.
According to the government on the 25th, the Fair Trade Commission recently commissioned a study on 'the latest systems and law enforcement systems of overseas competition authorities.' The aim is to systematically consolidate overseas trends that had been encountered sporadically through international conferences or individual contacts, thereby laying the groundwork for improving domestic systems.
The Fair Trade Commission is particularly focusing on the 'BRAVA' system of the Spanish competition authority (CNMC). BRAVA is a system that analyzes public procurement data with AI to detect bidding with a high risk of collusion at an early stage, receiving evaluations for its efficiency and accuracy compared to traditional manual investigations. The United Kingdom's Competition and Markets Authority (CMA) is also in the process of piloting a system that analyzes public procurement data with AI to identify signs of collusion.
In contrast, the 'Bidding Collusion Indicator Analysis System (BRIAS)' operated by the Fair Trade Commission since 2006 has not yet incorporated AI technology on a significant scale. BRIAS receives bidding information from national, local governments, and public institutions, scoring indicators such as bidding rates, number of participating companies, and whether there are restrictions on bidding participants. If the score is 85 or higher, it is assumed to indicate signs of collusion. Recently, with the expansion of the mandatory reporting institutions due to legal amendments, it is now analyzing bidding data from 1,042 bid institutions in connection with 16 bidding systems, including the Public Procurement Service. Observations suggest that since the foreign authorities' systems are ahead in this regard, this study is likely to lead to discussions on enhancing BRIAS in the future.
The Fair Trade Commission is also carefully examining the special functions and institutional structures of various competition authorities beyond just Spain. The Australian Competition and Consumer Commission (ACCC) simultaneously carries out competition policy and consumer protection, while the Federal Cartel Office in Germany is an independent competition authority with the power to improve market structures, enforcing competition laws and resolving structural unfairness to ensure market order. The UK CMA is working on institutional improvements to expedite corporate merger review processes. The Fair Trade Commission plans to refer to these overseas cases to find ways to fill the gaps in domestic competition policy.
Especially with the launch of the new government, discussions about reshaping the Fair Trade Commission's organization are gaining momentum, increasing the necessity to reference various foreign models. Previously, President Lee Jae-myung mentioned the need to expand Fair Trade Commission personnel during a cabinet meeting. This investigation to closely review the roles and functions of foreign competition authorities raises the possibility of aligning with discussions on organizational restructuring in the future.
The Fair Trade Commission's investigation into foreign competition authorities is also connected to the establishment of competitive order in new industrial environments such as AI and data. Last year, the Fair Trade Commission published a report on 'Generative AI and Competition,' and this year it is conducting a survey on the AI data market targeting domestic and foreign corporations such as Meta, Naver, and Kakao. This work examines whether monopolistic elements appearing in the data collection and utilization process obstruct the entry of new companies and hinder fair competition. From detecting AI-based collusion to establishing competitive order in the data market, the trend of refining 'competition policy in the AI era' is being initiated.
A Fair Trade Commission official stated, 'We plan to study and analyze the recently changed systems and enforcement trends of major foreign competition authorities to strengthen the Fair Trade Commission's competition policy formulation and law enforcement capabilities,' adding, 'We will examine not only operational systems such as investigation procedures and sanction methods but also the unique functions or systems that each country possesses, and seek directions for domestic system development and international cooperation.'