In a recent California case, a South Korean company’s officers were allegedly directly involved in policy formulation constituting an anticompetitive scheme, which affected the state’s gasoline market and breached California law.
In SK Trading International Co. Ltd. v. The Superior Court of San Francisco County, California’s attorney general filed an action on behalf of the People of the State of California claiming violations of the Cartwright Act, s. 16720 of the Business and Professions Code, and s. 17200 of the Unfair Competition Law in May 2020.
He brought the action against SK Trading International Co. LTD, a South Korean corporation and the defendant in this case; SK Energy Americas, Inc., a California corporation and SK Trading’s subsidiary; and Vitol Inc., a Delaware corporation.
He alleged that SK Energy functioned as SK Trading’s California trading arm and engaged in trading under SK Trading’s “continuous and pervasive” control and supervision. Allegedly, SK Trading directly participated in almost every aspect of hiring SK Energy’s head trader and specifically reviewed and approved SK Energy’s key decisions to coordinate certain trading activities with Vitol.
SK Trading sought to quash service of the summons based on the lack of personal jurisdiction. The trial court denied the motion to quash. It determined the following:
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