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.
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