Category: E-Tailing

Two prominent American investors in South Korean e-commerce giant, Coupang Inc., have lodged formal complaints with the US government. They are seeking an investigation into what they perceive as prejudiced actions by the South Korean government against the company.

Investors Call for Investigation

Greenoaks and Altimeter, the two tech investment firms, have also initiated arbitration proceedings against South Korea. They cite the US–Korea Free Trade Agreement (KORUS) and accuse Seoul of leading an aggressive campaign against Coupang in the wake of a significant consumer data breach. This breach, they claim, has led to billions of dollars in investor losses.

The petition follows Coupang’s disclosure in November that the personal data of approximately 33 million South Korean customers had been compromised. The breach led to substantial public and political backlash, resulting in comprehensive investigations and multiple lawsuits from both investors and consumers.

The investors have petitioned the US Trade Representative (USTR) to scrutinize South Korea’s actions and impose “appropriate trade remedies.” These could potentially include sanctions and tariffs, as they assert that the response to the data incident exceeds standard regulatory enforcement measures.

Potential Implications

The situation could escalate this corporate dispute into a potential intergovernmental trade conflict, leveraging US trade law and international treaties to challenge the actions of South Korean authorities. However, there has been no comment thus far from the USTR.

South Korean President Lee Jae Myung has previously advocated for stringent penalties following the Coupang data incident. He reiterated at a recent press conference that South Korea will address this issue impartially, adhering strictly to the country’s legal framework and principles.

South Korea’s Trade Minister, Yeo Han-koo, earlier dismissed accusations of discrimination against Coupang. He argued that significant data leaks, coupled with Coupang’s inadequate response, should be viewed separately from trade and diplomatic issues. He stated that in a similar situation, US authorities would naturally retaliate in the same manner against a Korean business operating in the US.

Investor Accusations

The investors accuse the South Korean government of initiating an extensive government response to undermine Coupang’s operations, including labor, financial, and customs investigations seemingly unrelated to the data breach.

Marney Chee, a partner at Covington representing Greenoaks, expressed concerns over both the magnitude and speed of the government’s response. He stated that such actions have led to substantial damages and pose a threat to their Coupang investment’s value.

Since the company disclosed the data breach at the end of November, Coupang’s shares listed on the New York Stock Exchange have fallen by around 27%. The investors aim to halt what they deem as prejudiced conduct and seek to reinstate fair and predictable business conditions for US companies operating in South Korea.

Future Implications

The formal notice sent via KORUS initiates a 90-day ‘cooling-off’ period for consultation before the commencement of full arbitration proceedings. Separately, the USTR has up to 45 days to determine whether to initiate a formal investigation. This step could pave the way for public comments, hearings, and possible US countermeasures, including tariffs on South Korean goods and services.

Greenoaks, one of the alleging parties, was founded by Coupang board member Neil Mehta. Greenoaks and related entities hold more than $1.4 billion worth of Coupang shares. In 2023, Coupang also partnered with Greenoaks to acquire luxury fashion platform Farfetch in a deal worth $500 million.

Questions & Answers

What are the investors accusing the South Korean government of?
The investors, Greenoaks and Altimeter, accuse the South Korean government of discriminatory treatment of Coupang following a significant consumer data breach.

What is the potential impact of this dispute?
This disagreement could escalate from a corporate dispute to a government-to-government trade issue, potentially resulting in US sanctions and tariffs against South Korea.

What is the investors’ ultimate goal?
The investors are seeking an end to what they perceive as prejudiced conduct by the South Korean government and are calling for the reinstatement of fair and predictable business conditions for US companies operating in South Korea.