Anti-Monopoly

Matsuo & Kosugi provides a full range of legal services to clients regarding anti-monopoly laws and regulations. We are experienced in giving advice on the various governmental measures regarding the prevention of cartels, collusive-bidding, and other acts in breach of the Japanese Anti-Monopoly Act. We also regularly give advice on particular business issues taking into consideration the particular sales channels used in the transactions and the prevailing business practices.

Japanese Fair Trade Commission Investigations

Matsuo & Kosugi regularly assists clients who come under investigation by the Japanese Fair Trade Commission (including compulsory investigations of criminal offenses) and are adept at providing step-by-step advice to achieve the best outcome given the circumstances of each particular case.

Since its introduction in 2006, Matsuo & Kosugi has given advice to a number of companies regarding the Japanese Fair Trade Commission (JFTC)’s leniency program. The leniency program offers companies who apply and subsequently co-operate with the JFTC a reduction in the surcharge payments (or, in some cases, immunity) from cartel related violations in the Japanese Antimonopoly Act.

Advice regarding the Act against Delay in Payment of Subcontract Proceeds, etc. to Subcontractors (“Subcontractors Act”)

We have given advice to clients regarding how best to comply with the Subcontractors act including advising on the business’ corporate structure, best practices in the preparation of order sheets, and guidance on drafting other legally-required documents. If any particular dispute (such as contractual non-conformity cases) arises between our client and its subcontractor, we provide legal services and give advice so as to ensure that our client will not be suspected of breaching the Subcontractors Act. In addition, if the Fair Trade Commission suspects a beach of the Subcontractors Act and conducts an investigation, we render legal services and give advice regarding the investigation, hearing or any other measures taken by the Fair Trade Commission.

Preliminary Notification to the Fair Trade Commission Regarding M&As

Depending on the size the transaction, Japanese law may require that the parties to an M&A deal provide notification to the Fair Trade Commission. Should such notification be required, Matsuo & Kosugi has the resources available to make complying with this regulatory process as painless as possible.