Competition/Antitrust

A worldwide trend towards stricter enforcement by national regulatory agencies is resulting in increased importance of competition and antitrust laws

Stricter Enforcement of Laws and Penalties

Recent amendments to Japanese antimonopoly laws have increased penalties for violations, instituted a leniency system, and conferred power to Japanese regulators to conduct investigations into possible violations. These amendments have resulted in stricter enforcement of laws prohibiting anticompetitive behavior. The number of companies seeking leniency has therefore risen, leading to a growing competition practice area.

Importance of Competition and Antitrust in M&A

More exhaustive business combination reviews are also being performed in the M&A field based on revised business combination guidelines. A professional and effective response to those reviews is key to businesses being able to facilitate M&A transactions. Each nation's regulatory agencies work in close collaboration with each other, meaning an antitrust response strategy formulated from an international perspective is indispensible, especially for transactions that cross national borders.

One-stop Services Within the Firm

Legal issues in the antimonopoly area are often closely interrelated with other practice areas. The breadth of the firm's practice areas enables it to provide comprehensive antimonopoly representation.

Major Focus

The firm's Competition and Antitrust Practice Group focuses on the following key areas:
  • Obtaining regulatory clearance in connection with mergers and acquisitions, corporate tie-ups and group restructuring transactions both domestic and foreign, and providing advice on competition and antitrust issues. This includes handling filings with regulatory agencies in Japan, as well as making pre-transactional inquiries to the Japanese Fair Trade Commission.
  • Assisting with regulatory investigation procedures and prosecutions by Japanese and other countries' antitrust regulatory agencies regarding global cartel cases.
  • Giving transactional advice, preparing contracts and negotiating in connection with:

    -sales and distribution arrangements, marketing strategies, product development and sales strategies;
    -business alliances, including joint research and development programs;
    -intellectual property licensing and other IP-related transactions;
    -agency and subcontracting; and
    -services for campaigns, advertisements and publicity (including providing premiums).
  • Assisting with regulatory investigation procedures and administrative hearings by the Japanese Fair Trade Commission, as well as appeals processes.
  • Representing clients in criminal and civil antimonopoly litigation.
  • Assisting in establishing compliance and corporate governance systems designed to prevent antimonopoly violations.

Related Information

Competition/Antitrust: Related Practices

Mergers & Acquisitions:Mergers & Acquisitions
General Corporate:Corporate Governance
Regulatory:Compliance, Other Regulations/Consumer Laws
Litigation/Dispute Resolution:International Dispute Resolution, Criminal Defense
IT/Intellectual Property:IT
Overseas Practice:China Practice, Asia Practice

Competition/Antitrust

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