The enforceability of the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (“Antimonopoly Act”) has been enhanced through raising the calculation rate of surcharges and the upper limit of fine as well as the broadening of the application of surcharges. In addition, with the increase in M&A activity both inside and outside Japan, it is even more necessary to take measures to satisfy the requirements of the Japan Fair Trade Commission (“JFTC”) with regard to the review of business combination by JFTC based on the Antimonopoly Act. Therefore the Antimonopoly Act becomes a critical factor considered in business judgement as being a fundamental rule in the market economy.
In recent years, the competition law is strictly enforced in the U.S. and EU, and, in addition, the competition law is established and exercised in China and South East Asia. As a result, competition authorities of multiple countries make investigation for cartels or bid rigging or proceed Merger Review in parallel. Companies are obliged to respond to the investigations or the Merger Review conducted by competition authorities in several countries at the same time. Therefore, companies need to run their business while taking into consideration the competition law of foreign countries.
Our firm has accumulated expertise and experience in this area, and has assisted many clients in coping with competition authorities such as the JFTC in terms of investigation for cartels or bid rigging, and review on business combinations including corporate acquisitions and the like. In addition, our firm has provided advice on various matters including collaborative research and development projects, distribution, sales, subcontracts, etc., and has been actively addressing issues including those involving antimonopoly compliance training programs, preparing and reviewing compliance manuals and so on.