On January 13, 2023, Japan Fair Trade Commission ("JFTC") proposed a draft of "Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society under the Antimonopoly Act" ("Draft...more
On January 28, 2022, the Japan Fair Trade Commission ("JFTC") published a report "Understanding the reality of the public offering price setting process in the initial public offerings (IPOs)" ("Report"). The Report was...more
On December 27, 2021, the New Capitalism Headquarters at the Cabinet Secretariat of Japan, Consumer Affairs Agency ("CAA"), Ministry of Health, Labour and Welfare ("MHLW"), Ministry of Economy, Trade and Industry ("METI"),...more
There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more
On March 29, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") issued Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open...more
The Competition Policy Research Center ("CPRC") of the Japan Fair Trade Commission ("JFTC") is seeking comments from the public on a list of proposed issues to be discussed at the Study Group on Competition Policy for Data...more
On December 24, 2020, the Competition Policy Research Center ("CPRC") of the Japan Fair Trade Commission ("JFTC") announced a list of proposed issues to be discussed at the Study Group on Competition Policy for Data Market...more
On December 22, 2020, Ministry of Economy, Trade and Industry ("METI") proposed a draft of cabinet order ("Cabinet Order"), implementing regulations ("Implementing Regulations") and guidelines ("Guidelines")for the Act on...more
On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of...more
During FY 2019, the Japan Fair Trade Commission ("JFTC") received 310 notifications, which is a 3.4 percent decrease from FY 2018. It provided clearance for 300 cases at Phase I review. Two cases were sent to Phase II review....more
On June 29, 2020, the Japan Fair Trade Commission (“JFTC”) issued a draft of amendments to relevant cabinet orders and rules (“Drafts”) in accordance with the amendments to the Anti-Monopoly Act (“AMA”) previously passed in...more
On June 30, 2020, the JFTC published an interim report about market research on startup business practices (the "Report"). The JFTC will continue its research and will issue a final report. This is part of the effort by the...more
7/11/2020
/ Abuse of Power ,
Anti-Competitive ,
Anti-Monopoly ,
Bargaining Power ,
Intellectual Property Protection ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Japan Patent Office ,
JPO ,
METI ,
Startups ,
Status Reports
On June 16, 2020, the Digital Market Competition Council published the “Report on the Medium-Term Vision on Competition in the Digital Market” (“Report.”) The Report discusses the current situation surrounding the digital...more
The JFTC published the “Interim Report Regarding Digital Advertising” (“Interim Report”) on April 28, 2020 based on the market research (“Research”) conducted by the JFTC. The Research was conducted in accordance with the...more
The JFTC conducted market research ("Research") from April 2019 until March 2020 on online portal sites ("Portal Sites") that review restaurants and bars ("Restaurants") and published a report of its findings on March 18,...more
The 2019 Amendments to the Anti-Monopoly Act ("Amendments") including revisions to surcharge system (i.e., administrative fine system) will be fully in force within 2020. Accordingly, so-called attorney-client privilege will...more
1/24/2020
/ Abuse of Superior Bargaining Position (ASBP) ,
Administrative Hearings ,
Amended Rules ,
Anti-Monopoly ,
Antitrust Violations ,
Attorney-Client Privilege ,
Bid Rigging ,
Cartels ,
Data Collection ,
Digital Marketplace ,
Digital Platforms ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Restraint of Trade ,
Secretary Generals ,
Transparency
Big Tech as well as other global companies will likely have to modify their business models -
Japan’s growing e-Commerce market continues to benefit both businesses, which are able to reach more customers and reduce...more
9/16/2019
/ Abuse of Dominance ,
Acquisitions ,
Anti-Monopoly ,
Antitrust Investigations ,
Antitrust Violations ,
B2C ,
Competition ,
Digital Platforms ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Merger Controls ,
Mergers ,
Public Comment
On August 29, 2019, the Japan Fair Trade Commission ("JFTC") published a draft of new "Guidelines Concerning Abuse of a Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that...more
9/3/2019
/ Abuse of Dominance ,
Anti-Monopoly ,
Antitrust Violations ,
B2C ,
Bargaining Power ,
Data Collection ,
Digital Platforms ,
Failure to Notify ,
Guidance Update ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Personal Information ,
Public Comment ,
Targeted Digital Advertising
The Japan Fair Trade Commission ("JFTC") periodically conducts market research to review and investigate business activities that may violate abuse of superior bargaining position ("ASBP") regulations. For the first time in...more
8/26/2019
/ Anti-Monopoly ,
Coercion ,
Intellectual Property Protection ,
IP License ,
Japan ,
Japan Patent Office ,
Manufacturers ,
METI ,
Non-Disclosure Agreement ,
Patents ,
Research and Development ,
Trade Secrets
On July 10, 2019, the Japan Fair Trade Commission ("JFTC")'s research center, Competition Policy Research Center ("CPRC") published a report ("Report") that organizes and analyzes antitrust law issues with respect to business...more
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes the enhancement of a surcharge (i.e., administrative fine), has passed on June 19, 2019.1 It will be effective no later than from December 25, 2020. The...more
7/11/2019
/ Anti-Monopoly ,
Antitrust Violations ,
Cartels ,
Civil Monetary Penalty ,
Closely Held Businesses ,
Enhanced Penalties ,
Fines ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Monopolization ,
New Rules ,
Parent Corporation ,
Retailers ,
Small and Medium-Sized Enterprises (SMEs) ,
Surcharges ,
Unfair Competition ,
Wholesale
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes reform of leniency system, has passed on June 19, 2019. New leniency system will be effective no later than from December 25, 2020....more
On May 21, 2019, the Ministry of Economy, Trade and Industry ("METI"), Japan Fair Trade Commission ("JFTC") and Ministry of Internal Affairs and Communications ("MIC") jointly published reports that provide options for...more
6/10/2019
/ Abuse of Dominance ,
Anti-Monopoly ,
Data-Sharing ,
Digital Platforms ,
Dispute Resolution ,
Draft Guidance ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
METI ,
Portability ,
Public Comment ,
Transparency ,
Websites
The Cabinet of Japan submitted a bill (the "Bill") to amend the Anti-Monopoly Act (the "AMA") to the Diet on March 12, 2019. The Bill includes amendments to (i) the method for surcharge calculations, (ii) the leniency system...more
4/22/2019
/ Anti-Monopoly ,
Antitrust Violations ,
Attorney-Client Privilege ,
Criminal Investigations ,
Criminal Penalties ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Legal Professional Privilege ,
Leniency Programs ,
Obstruction of Justice ,
Proposed Amendments
The Japan Fair Trade Commission's (the "JFTC") major priorities in 2019 are, among others, amendments to the Antimonopoly Act (the "AMA"), research in areas of the digital economy and the labor market, and, of course,...more