PRACTICE AREAS

Antitrust Law, Anti-monopoly Law and Competition Law Cartels, Bid Rigging and International Cartels

With the recent introduction of a leniency program and raising of the rates used to calculate fines, Japanese cartel and bid rigging  regulations have been strengthened to the same level as those in the U.S. and in the EU.  These days, it is no longer uncommon for multi-billion yen fines to be imposed for single cases.  In addition to the antitrust authorities in the U.S. and EU, which have always been vigorous on enforcement, antitrust authorities in Canada, Korea, Australia, Brazil, Mexico, China and Southeast Asian countries have also become more active recently.  Cartel regulation has entered into its harshest phase from a global perspective.

Therefore, from corporate and business viewpoints, creating a compliance system in accordance with the anti-monopoly laws and competition laws from both a domestic and an international perspective, preventing illegal acts as well as creating a system for detecting them at an early stage to allow prompt and appropriate measures, have become imperative.  In cases where illegal acts are detected, not only must they be stopped immediately, but also avoiding and minimizing the possibility of being penalized and/or sanctioned and receiving leniency under the various programs of each country must be considered as important alternatives.  Further, warding off shareholders’ suits pursuing officer liability will also be necessary.  To achieve this, prompt, appropriate and large-scale (depending on the circumstances) in-house research to get the full picture of the required action will be necessary.

Also, if an on-site inspection by an antitrust authority results in charges, in addition to responding properly to such inspection, thorough in-house research will be required in a very short period of time, in order to be considered for leniency programs.  Especially in international cartel cases, responding to both the Japan Fair Trade Commission and the antitrust authorities in each country will be necessary.  To achieve this, cooperation with antitrust law professionals in each country so as to take prompt and appropriate countermeasures based on a global perspective will be vital.  Besides considerable human / material resources, international cooperation will also be required in order to conduct in-house research in such short period of time.

At TMI, in order to take proper measures against these cartel and  bid rigging risks, a good number of highly specialized attorneys are here to provide you with advice and cooperation, and to represent you with regard to creating anti-monopoly law related compliance rules, providing in-house training, conducting in-house audits and research after acknowledging specific conduct in charges, applying for leniency programs, responding properly to inspections by the relevant authorities, cease and desist orders, civil lawsuits and shareholders’ suits, defending against criminal charges under the relevant anti-monopoly laws, in addition to promptly organizing and conducting urgent research and similar services.  We also have a number of attorneys who have experience as a commissioner and the chief investigator at the Japan Fair Trade Commission.  Also, TMI has a global network of U.S. and European law firms as joint enterprises, affiliated law firms abroad and offices in Southeast Asia via our Global Practice Group.  Such network ensures prompt and effective cooperation with antitrust law professionals in each country.  Our strong relationship with top-class professionals abroad gained through many shared cases is one of our big advantages.

Attorneys in this Practice Area

Related Articles and Publications

2018/04/21ARTICLE “(Feature 2) Current Status of Compliance Regarding Bid-Rigging: Why Bid-Rigging has not Ceased to Exist – The Historical and Industrial-Structural Background and Perspectives on the Prevention of Recurrence”
2016/02/16ARTICLE “Efficient Measures for E-Discovery Vol.3”
2016/02/15ARTICLE “Information Governance for Globalizing Japanese Enterprises”
2016/01/27ARTICLE “Efficient Measures for E-Discovery Vol.2”
2016/01/21ARTICLE “Major Reforms Which Make Class Actions in EU Easier”

Related Seminars and Lectures

2018/03/26EXTERNAL “What Makes Japanese Corporations Engage in Cartels? – Truly Effective Competition Programmes for Japanese Corporations”
2017/01/09EXTERNAL Overview of the Japanese Plea Agreement System and Measures Therefor Which Companies Should Take – Easy-to-grasp Explanation by Comparing with the U.S. Plea Agreement System”
2016/10/17EXTERNAL “The Latest Trends in the Antimonopoly Act – Introduction of the Latest Examples and Effects of the Japanese Version of a System for Criminal Matters”
2016/09/14MONTHLY TMI Associates’ 99th monthly seminar: “What Makes Japanese Corporations Engage in Cartels? – Truly Effective Competition Programmes for Japanese Corporations”
2016/09/12EXTERNAL “Practice Regarding Responses to International Cartel Investigations and Effective Compliance Program”
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