Antitrust Law, Anti-monopoly Law and Competition Law

Antitrust law governs and sets up the order for economic activity.  Its applicable scope covers all corporate activity such as prohibiting agreements among competitors to limit competition such as cartels and bid-rigging, in addition to regulating business alliances such as joint research and development and joint marketing, regulating transactions such as for abuse of dominant position and prohibiting restraints on resale prices, and regulating business combinations such as mergers and acquisition of stock.  In addition, the Subcontractor’s Act, which is a special act under antitrust law, strictly regulates the reduction of subcontract proceeds.  Also, the Act Against Unjustifiable Premiums and Misleading Representations regulates misleading representations in advertisements and the like in consumer transactions and unjustifiable premiums.  As mentioned above, antitrust law and its special acts are unavoidable in daily business activity.  Also, violation of antitrust law will subject one to cease and desist orders from the Japan Fair Trade Commission and civil liability, and committing certain acts will subject one to criminal punishment and orders for administrative fines to be paid to the national treasury.  In recent years, the risk of violating antitrust law in business activity has continued to increase due to the increase in the types of violations subjecting one to orders for administrative fines, increase in the percentage used for administrative fine calculation, introduction of leniency programs and so on.

In addition, antitrust law belongs to the field of "competition law," which in recent years has become significantly globalized.  Not only in developed countries such as in the EU and the U.S., but also in BRICs and Southeast Asian countries, new legislation is being continually passed and laws are being more actively enforced by authorities.  Therefore, cases are increasing in which investigation of violations such as cartels and bid-rigging and business combination review are being concurrently conducted by competition authorities in various countries and regions.  As a result, cases are increasing in which group companies operating globally need to respond to such concurrent investigation and review by such competition authorities.

At TMI, many attorneys well-experienced in this field including attorneys with working experience at the Japan Fair Trade Commission, the authority enforcing antitrust law, provide a wide range of services such as daily consultation regarding competition laws and support for large-scale investigations.  Also, we have a system to provide one-stop global legal services in the field of competition law from legal professionals and attorneys in our offices in Asia, overseas law joint ventures, and overseas countries, and we have gained abundant experience in handling international competition law cases such as international cartel cases.

Cartels, Bid Rigging and International Cartels Monopolization, Abuse of a Dominant Position and Designation of Unfair Trade Practices Merger Control
The Subcontract Act The Act against Unjustifiable Premiums and Misleading Representations