Antitrust and Competition

Recently, compliance with the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade ("Anti-Monopoly Law") has become absolutely necessary in any business contracts and in other phases of business transactions.

City-Yuwa Partners has dealt with a wide range of cases relating to the Anti-Monopoly Law mainly through its "Anti-Monopoly Practice Group", including (1) the Anti-Monopoly Law regulating business combinations and unfair trade practices such as cartels, private monopolization, abuse of dominant bargaining position and resale price maintenance, (2) the Act against Delay in Payment of Subcontract Proceeds, etc. to Subcontractors ("Subcontract Law") regulating the abuse of dominant bargaining position in subcontracts, and (3) the Act against Unjustifiable Premiums and Misleading Representations ("Unjustifiable Premiums Law") regulating excessive premiums and inappropriate advertisements and representations on goods and services. City-Yuwa is capable of handling any legal problems and providing legal services relating to the Anti-Monopoly Law and other related laws, including, among others, legal advice, drafting of opinion letters, review of contracts, assistance in developing compliance programs, preparation of corporate training seminars, preparation for discussions with the Japan Fair Trade Commission ("JFTC"), and countermeasures against the JFTC in case of violation of the Anti-Monopoly Law or other related laws.

The members of the Anti-Monopoly Practice Group of City-Yuwa have published a book entitled "Easy-to-Understand Analysis: Structure of the Anti-Monopoly Law (Third Edition)" (Chuo Keizai 2010). City-Yuwa also holds corporate training seminars and other seminars relating to compliance with the Anti-Monopoly Law and other related laws.

City-Yuwa provides a wide range of legal services relating to the Anti-Monopoly Law, including, among others:

[Anti-Monopoly Law]

  • Legal consultation on unfair trade practices such as abuse of dominant bargaining position, resale price maintenance, concerted refusal to deal, trading on restrictive terms and tie-in sales;
  • Advice on concerted action and business combination between competitors, prior discussion and coordination with the JFTC, and other advice and countermeasures against the JFTC relating to the Anti-Monopoly Law and other related laws in M&A cases;
  • Countermeasures against onsite inspection by the JFTC, discussion and coordination with the JFTC on surcharges, and assistance in internal audit relating to a case involving allegation of a domestic cartel;
  • Legal support on countermeasures against criminal indictment on overseas cartel;
  • Assistance in the development of compliance system relating to the Anti-Monopoly Law and other related laws;
  • Advice on patent licensing and exercise of rights by a patent holder and other notable points under the Anti-Monopoly Law and other related laws, and drafting of contracts;
  • Advice on notable points relating to transactions by a business operator who is monopolizing the market.

[Subcontract Law and Unjustifiable Premiums Law]

  • Advice on any issues under the Unjustifiable Premiums Law relating to sales and promotional campaigns of new products;
  • Advice on regulations on premiums in Internet transactions;
  • Review and advice on advertisements and representations under the Unjustifiable Premiums Law;
  • Research and investigation relating to the Subcontract Law;
  • Advice on various issues in contracts relating to subcontracts.

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