November 19, 2008 Firm News
Our firm held the MHM seminar and hosted a reception afterward
Mori Hamada & Matsumoto held a seminar, and hosted a reception afterward, at IMPERIAL HOTEL, Tokyo on November 19, 2008. The seminar was made up of three sessions including lectures and panel discussions concerning "Risks in China after the Beijing Olympics lie in the Antimonopoly Law" in session 1, "Information Management Required by Financial Institutions" in session 2, and "Emission Trading Frontier" in session 3. We would like to express our sincere thanks to all guests who took part in the seminar and reception.
Topic: Risks in China after the Beijing Olympics lie in the Antimonopoly Law: Is the Common Practice of Japan, the U.S., and Europe applicable to China?
Part 1: Presentation (13:30-14:45)
Topic:General Introduction: Antimonopoly Law in China and Risk Management
Wang Xiaoye (Director of the Economic Law Department)
Institute of Law, Chinese Academy of Social Sciences)
Masahiro Murakami (Professor at Hitotsubashi University Graduate School of International Corporate Strategy) and Yoshio Iteya (MHM partner)
Introduction of the latest trends in the Chinese Antimonopoly Law from three different angles: a Chinese legislator involved in the process of establishing the Chinese Antimonopoly Law, an academic researcher of the Antimonopoly Law of Japan, and an expert lawyer of Chinese business and law.
The panelists discussed what influence the regulations under the Chinese Antimonopoly Law against cartels, resale price maintenance, abuse of a dominant market position, and other illegal acts exert on the Chinese business scene through analyzing practices in the U.S, Europe and Japan, and sought out necessary measures.
Part 3: Panel Discussion (16:20-17:15)
Antimonopoly Notification Practice in Global M&A Transactions (Things to keep in mind about the differences between the U.S., Europe and China)
In merger and acquisition transactions between global businesses, there are times when a notification not only to the authorities of Japan but also to the relevant major foreign countries is required, and China is no exception. In this session, the panelists discussed instances in which global businesses need to file a notification under the Chinese Antimonopoly Law and sought out specific responses, and the swift and thorough action required in comparison with the anti-trust notification procedures in the U.S. and European countries.
Topic: Information Management Required by Financial Institutions - for the era after amendments to the Financial Instruments and Exchange Law
Part 1: Presentation (13:30-14:30)
Better Regulation of the Financial Services Agency and Private Information Management under the Amended Financial Instruments and Exchange Law
Shuya Nomura (Professor at the Chuo Law School; MHM special counsel)
Management of Conflicts of Interest, Prevention of Abuse of Dominant Bargaining Position, and Holding Concurrent Posts under the Amended Financial Instruments and Exchange Law
Yukinaga Kojima (MHM partner)
Part 2: Panel Discussion (14:40-15:45)
Information Management Required by Financial Institutions - for the era after amendments to the Financial Instruments and Exchange Law
Hiroyuki Kansaku (Professor at the University of Tokyo, Graduate Schools for Law and Politics)
Yukinaga Kojima and Daisuke Oda (MHM associate)
The Amended Financial Instruments and Exchange Law, which will take full effect by June 2009, urges the implementation of advanced information management to prevent any adverse effects from easing firewall restrictions in each field such as banking, securities, and insurance. It is a big issue particularly for financial institutions who must develop a group-wide system to protect the interests of customers, including handling private information, managing conflict of interest transactions, and preventing abuse of a dominant bargaining position. With these rapid changes in the legal environment for information management required by financial institutions, panelists discussed the latest development and key points for practical responses.
Topic: Emission Trading Frontier
Speaker:Takeshi Mukawa (MHM partner)
Takeshi Mukawa explained emissions trading which is becoming an important management risk and at the same time a business opportunity for companies. He introduced the latest trends in the emissions trading business, through focusing primarily on the minimum basic matters that management personnel should understand.