Antimonopoly Act (Antitrust Law)

The risk of violating commercial laws and regulations (Antimonopoly Act, Subcontracting Act, etc.) has been increasing in recent years, and companies must constantly be aware of such risk when conducting their business activities. There also has been increasing public concern regarding compliance, so companies must comply with all applicable regulations to avoid the damage that a legal violation would cause to their brand image.

We advise and represent our clients in leniency applications and Japan Fair Trade Commission investigations, and support our clients in administrative and civil proceedings such as actions seeking the revocation of cease-and-desist orders and surcharge payment orders and actions seeking damages and injunctive relief for legal violations. In addition, we provide general consultation services, such as legal analysis and advice on issues under the Antimonopoly Act, Subcontracting Act, and Premiums and Representations Act relating to M&A transactions, various contracts including license agreements, joint development agreements, and business alliance agreements, and other business activities. We also support our clients with the development of a compliance program that includes in-house training and internal audits (intracompany and intragroup audits).

Over 120 countries around the world have enacted laws equivalent to the Antimonopoly Act or competition law, so companies must pay attention to not only domestic laws and legal developments but also to those in other countries as well. We advise on issues relating to Japanese law while working in close cooperation with foreign law firms to address issues governed by foreign laws. We also provide our clients with thorough explanation and advice from a comparative law perspective by drawing on our experience of having been deeply involved in negotiations with the relevant authorities.

Representative matters in which our attorneys have been involved

• Filed a leniency application in the U.S. when the leniency program was first introduced (the first Japanese attorney to do so) and negotiated with the Antitrust Division of the U.S. Department of Justice.
• Have represented clients in domestic and international cartel investigations and leniency applications.
• Have advised clients on whether M&A transactions, various contracts (license agreements and joint development agreements, etc.), and business activities comply with the relevant laws and regulations, such as the Antimonopoly Act.
• Have advised clients on the Subcontracting Act in various transactions and resolved disputes arising in connection with the Subcontracting Act.
• Have conducted many training sessions regarding Antimonopoly Act compliance.

Publications

• The Japan Fair Trade Commission’s stance regarding the abuse of superior bargaining position and dumping (establishment of guidelines) (The Lawyers, January 2010)
• Plea-bargaining in U.S. antitrust law (International Business Law, August 2000)
• Significant change in policy by the Department of Justice regarding the U.S. antitrust law – Restrictions on the disclosure of personal names (Teikoku Databank, Foreign Market Specialists Newsletter Seminar, 2013)
• Brazil Law Report (3): Amendment of the Antitrust Law (Teikoku Databank, Foreign Market Specialists Newsletter Seminar, 2012)