Compliance with the Anti-Monopoly Act in light of the Introduction of the Invoice System
ompared to cartels, it is often more difficult to assess the legality of other types of conduct such as exclusive dealing, MFN clauses, abuse of a superior bargaining position, resale price maintenance and private monopolization. Therefore, to properly handle JFTC investigations, it is essential to conduct an accurate risk assessment based on the business practices of each industry. In addition, the JFTC’s enforcement concerning these types of conduct has been undergoing significant changes, such as the introduction of administrative fines and commitment procedures.
With our market-leading practice in respect of antitrust investigation, we have a deep understanding of the JFTC’s objectives and priorities. We are also knowledgeable about foreign competition laws, which enables us to adequately and appropriately explain Japanese laws to foreign clients in easily understandable terms, taking into account the differences with foreign competition laws. This maximizes our client’s chances of achieving favorable outcomes.
We also provide assistance with complainants concerning contentious antitrust issues. Leveraging our extensive experience, we expeditiously and effectively provide legal advice on filing complaints with the JFTC.
Nagashima Ohno & Tsunematsu (December 2021)
Yoshitoshi Imoto, Kenji Horiuchi (Co-author)