Practice Areas
Antimonopoly Act, Antitrust Laws, Subcontracting Act, Premiums and Representations Act
The risk of violating economic laws and regulations (Antimonopoly Act, antitrust laws, Subcontracting Act, Premiums and Representations Act, etc.) has been increasing in recent years, and companies must constantly be aware of such risk when conducting their business activities. There is a high level of public concern regarding compliance, so companies must comply with all applicable regulations to avoid the damage that a legal violation would cause to their brand image.
Our firm provides a wide range of services for the various issues that arise in connection with the Antimonopoly Act, Subcontracting Act, and Premiums and Representations Act by leveraging the know-how that we have acquired through our involvement in various domestic and foreign cases.
We advise and represent our clients in leniency applications and Japan Fair Trade Commission investigations, and support our clients in administrative and civil proceedings such as actions seeking the revocation of cease-and-desist orders and surcharge payment orders and actions seeking damages and injunctive relief for legal violations. In addition, we provide general consultation services, such as legal analysis and advice on issues under the Antimonopoly Act, Subcontracting Act, and Premiums and Representations Act relating to M&A transactions, various contracts including license agreements, joint development agreements, and business alliance agreements, and the terms and conditions of business activities. We also support our clients with the development of a compliance program that includes in-house training and internal audits (intracompany and intragroup audits).
Over 120 countries around the world have enacted laws equivalent to the Antimonopoly Act or competition law, so companies must pay attention to not only domestic laws and legal developments but also to those in other countries as well. We are able to work in close cooperation with foreign law firms and provide our clients with thorough explanation and advice from a comparative law perspective by drawing on our experience of having been deeply involved in negotiations with the relevant authorities.
Representative matters in which our attorneys have been involved
- Advised clients on whether M&A transactions, various contracts (license agreements and joint development agreements, etc.), and business activities comply with the relevant laws and regulations, such as the Antimonopoly Act.
- Advised clients on the Subcontracting Act in various transactions and resolved disputes arising in connection with the Subcontracting Act.
- In cases where a violation of the Premiums and Representations Act was suspected at a national chain store, conducted training sessions at each sales office for the prevention of recurrence. Also conducted many training sessions regarding Antimonopoly Act compliance.
- Advised and instructed in response to the investigations by the Japan Fair Trade Commission regarding the “Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors” and the investigations by the Medium Enterprise Agency regarding the “Act on Special Measures Concerning Prevention and Correction of Actions That Interfere with Shifting of the Consumption Tax with the Aim of Ensuring Smooth and Appropriate Passing-on of the Consumption Tax.”