Competition/Antitrust Law

The importance of competition law has increased dramatically, as authorities in Japan and other countries have strengthened enforcement.

Leveraging our experience, we take prompt and accurate measures to avoid and mitigate administrative penalties in investigations by authorities in Japan and other countries. We advise on dealing with governmental inspections and investigations, and represent clients in litigation to revoke sanctions. In cases of bid-rigging and cartels, we represent clients in applications for leniency to obtain exemption from financial penalties. In cases of private monopoly and abuse of superior bargaining position, we represent clients in applications to avoid sanctions by offering to make a commitment to change business methods.

We also represent clients when alleged competition law violations lead to lawsuits seeking injunctions or damages, including shareholder derivative suits, and provide advice when alleged violations lead to issues in dealing with shareholders, suppliers, customers and the media, as well as employee disciplinary procedures. In international antitrust and competition law cases, we collaborate with foreign law firms to negotiate with the authorities in the relevant countries.

For clients studying potential business combinations, as well as for clients who have decided to carry them out, we provide essential advice on the necessity of JFTC filings, and represent our clients in JFTC procedures and in negotiations with the JFTC. Our advice extends to the full range of applicable competition and antitrust laws, including "gun-jumping" rules, and is provided in accordance with the client's objectives and deal schedule. We have analyzed and assessed competition law risk in a wide range of business combinations and in many industries, and provided legal opinions.

For issues under competition law regulations in other countries, we leverage our strong network of foreign law firms to confirm whether regulatory filings are necessary and arrange for the drafting and submission of any required documentation and filings.

In many business activities, including business alliances, planning for sales channels, participation in tenders, and licensing technology, it is essential to keep competition law in mind, and deal with it strategically. We advise businesses in many industries on points to consider when entering into a business alliance, setting terms and conditions in a vertical agreement, participating in a bidding procedure or making a competitive quote, and setting terms and conditions for licensing of technology.

We also provide extensive support for the establishment and operation of compliance programs, including drafting internal rules and manuals for competition law, and hold seminars for directors and employees.

Recently, the enforcement of the Subcontract Act has been strengthened as part of a policy to protect SMEs, and as a result it has become more important than ever to pay attention to it.

The Subcontract Act is often formalistic, and is different from the abuse of superior bargaining position doctrine found in antitrust law. As a result it is often violated unexpectedly. In many kinds of transactions we advise on avoiding Subcontract Act violation, carry out training for directors and employees, and support the establishment of internal controls and drafting of internal rules. In the event of a suspected violation, we conduct a prompt investigation and assist with a leniency application if necessary. When our clients are investigated by a government agency, we negotiate with the authorities strategically to avoid a formal warning, leveraging our experience with many cases of Subcontract Act violations.