Anderson Mori & Tomotsune has extensive experience providing advice on all aspects of competition regulation in Japan. The regulation and enforcement of Japanese competition law is changing and this is why we believe that it is of increasing importance for clients to receive timely and expert advice in this area. Our primary aim is to offer practical advice and solutions for all competition matters, no matter the complexity.
- Our Experience A Special Advantage
Our attorneys have the privilege of drawing experience from the first attorney appointed to the Japan Fair Trade Commission (“JFTC”) as special investigator, who now leads our firm’s competition practice – Hideto Ishida. His seven-year term with the JFTC has resulted in a special insight into the workings of the JFTC as well as its approach to enforcing antitrust and competition regulation. This unique experience is drawn upon by all our attorneys, giving the benefit of an ‘insider’s’ knowledge to each of our clients.
In addition to advising on the Anti-Monopoly Act and on antitrust implications of commercial transactions, Anderson Mori & Tomotsune has expertise in the following areas:
In addition to advising on the Anti-Monopoly Act and on antitrust implications of commercial transactions, Anderson Mori & Tomotsune has expertise in the following areas:
- JFTC Investigations and Proceedings
A core area of our competition practice consists of advising our clients on cartel issues such as price fixing and resale price maintenance. There has been a marked increase in activity by the JFTC in the area of cartels as well as a trend to apply more severe penalties to cartel cases. Our competition team assists companies in ensuring compliance with all applicable Japanese competition laws and regulations not only through timely and practical advice but also through pre-emptive measures such as the establishment of internal competition law compliance programs and other training seminars.
- Counseling on Distribution Matters and Advertisement and Premium Matters
We regularly advise clients on distribution-related matters as well as advertisement and premium matters, which are all supervised and enforced by the JFTC.
We have expertise in reviewing proposed distribution arrangements (or other vertical agreements such as agency and franchising agreements) and advising on their compatibility with competition rules and, in particular, the JFTC’s distribution systems and business practices guidelines.
We have expertise in reviewing proposed distribution arrangements (or other vertical agreements such as agency and franchising agreements) and advising on their compatibility with competition rules and, in particular, the JFTC’s distribution systems and business practices guidelines.
- Licensing of Patents, Copyrights and Know-how under Japan’s Anti-Monopoly Act
Agreements which involve intellectual property rights can have anti-competitive effects. This is one of the most complicated areas of competition law as it involves both competition and IP law issues. Anderson Mori & Tomotsune’s extensive experience with the Guidelines on patent and know-how licensing agreements as well as on joint research and development means that we can respond quickly and accurately to such issues. In addition, on a case-by-case basis we consult and work closely with our IP lawyers where specialist knowledge of IP issues is required.
- Litigation under Japan’s Unfair Competition Laws
Our attorneys have extensive experience in advising on litigation or pre-litigation procedures involving claims of unfair competition. A primary focus of our unfair competition practice consists of advising on claims based on the Unfair Competition Prevention Act and related laws which aim to protect consumers by ensuring fair competition.
- Antitrust and Competition Matters, International Price Fixing Conspiracies
The globalization of our clients’ operations increasingly means that we are asked to advise on cases which involve multi-jurisdictional filings or more generally have cross-border effects. In this regard, due to our international client-base we have accumulated significant experience in working with top-tier overseas counsel.
In the context of mergers, our experience is often sought in the global co-ordination of advice and activities when filing merger notifications for Japanese clients with overseas operations or overseas clients with operations in Japan. In the context of international cartels, co-ordination with overseas counsel is crucial given that it is increasingly the case that some overseas regulators have the power to impose not only administrative penalties in the form of fines but also criminal penalties which can involve prison terms for executives.
In the context of mergers, our experience is often sought in the global co-ordination of advice and activities when filing merger notifications for Japanese clients with overseas operations or overseas clients with operations in Japan. In the context of international cartels, co-ordination with overseas counsel is crucial given that it is increasingly the case that some overseas regulators have the power to impose not only administrative penalties in the form of fines but also criminal penalties which can involve prison terms for executives.
