PRACTICE AREAS

Antitrust Law, Anti-monopoly Law and Competition Law Monopolization, Abuse of a Dominant Position and Designation of Unfair Trade Practices

In regard to exclusionary private monopolization and designation of unfair trade practices under the anti-monopoly laws, a fine system was introduced recently for certain types of misconduct such as abuse of superior bargaining position and resale price maintenance.  Therefore, businesses are facing higher risks for these types of misconduct.  This is very important for businesses which typically have a high risk of abusing superior bargaining position such as large-scale retailers, manufacturers and franchisors since high fines are being imposed for such abuse, which is an unfair trade practice.  As such, it has become imperative to adopt an adequate compliance system in accordance with the anti-monopoly laws. 

Also, for intellectual property transactions involving license agreements including patent pools, cross licenses and the like, there are many situations in which both anti-monopoly law and intellectual property rights are intertwined from which sensitive legal issues may arise.

TMI has been providing clients with superior advice in these fields based on its abundant resources and wealth of experience regarding the relevant laws and regulations, relevant case law, revisions, precedents and guidelines.  In situations in which intellectual property rights and anti-monopoly law intertwine, we are capable of providing you with legal services of a highly professional and unparalleled nature, comprising of a review from both legal and technical standpoints.

In addition, we have superior experience in services such as conducting a legal review of plans and contract terms for businesses, conducting prior consultation with and responding to answers from the Japan Fair Trade Commission as responding to investigations initiated by the same, negotiating with counterparties on behalf of businesses harmed by unfair trade practices, and filing and handling litigation.

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