Amendments to Japanese antimonopoly laws in April 2005 increased the penalties for violations of the law and instituted procedures for Japanese regulators to cooperate with the regulatory agencies of other countries in an effort to expose global cartels. These amendments are in line with a worldwide trend towards stricter enforcement of laws prohibiting anticompetitive behavior and greater international cooperation among national regulatory agencies. As a result, companies operating in Japan will need to be even more vigilant in ensuring compliance with antimonopoly laws and regulations. This is especially important as both domestic and cross-border mergers and acquisitions continue to increase and become more complex. Mori Hamada & Matsumoto has enhanced its expertise in this growing practice area by recruiting attorneys who have worked for the Japanese Fair Trade Commission. The firm also has a close working relationship with the antimonopoly practice groups of many major law firms worldwide and often works on transactions with complex international antimonopoly issues.
The firm's antimonopoly practice group focuses on the following key areas:
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Obtaining regulatory clearance in connection with corporate tie-ups, mergers and acquisitions and group restructuring transactions and providing advice on related antimonopoly issues. |
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Transactional advice in connection with (i) sales and distributor arrangements; (ii) product development and marketing strategies; (iii) technology transactions, including joint research and development programs; and (iv) agency, subcontracting and service arrangements. |
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Assistance with regulatory investigation procedures and administrative hearings, as well as appeals processes. |
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Representation in criminal and civil antimonopoly litigation. |
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Assistance in establishing compliance and corporate governance systems designed to prevent antimonopoly violations |
Legal issues in the antimonopoly area are often closely interrelated with other practice areas. The breadth of the firms practice areas enables it to provide comprehensive antimonopoly representation.
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