Antitrust and Competition

Recently, compliance with laws such as 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. This is one of the signs of the growing demand for fair trade by companies worldwide.

City-Yuwa Partners deals with a wide range of cases relating to laws and ordinances falling in the scope of the Anti-Monopoly Law through its “Anti-Monopoly Practice Group”, including (1) the Anti-Monopoly Law regulating business combinations and unfair trade practices such as bid-rigging to substantially restrict competition in the marketplace, cartels, private monopolization, abuse of restrictions on selling price to customers and trading terms that impede competition through trade and of dominant bargaining positions, (2) the Act against Delay in Payment of Subcontract Proceeds, etc. to Subcontractors (“Subcontract Law”) regulating abuses such as delayed payment of subcontractor fees to or failure to prepare order documents as statutorily required for the subcontracting entrepreneur, 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.

At the stage where no investigation procedures have been initiated by such authorities, City-Yuwa handles 

Legal advice on transactional matters and new businesses, drafting of opinion letters, review of contracts, assistance in developing compliance programs, preparation of corporate training seminars, internal investigations and mock dawn raids regarding possible breach of the Anti-Monopoly Law, preparation for discussions with authorities such as the Japan Fair Trade Commission (“JFTC”) and, at the stage where investigation procedures have been initiated, is capable of handling any legal problems and providing legal services relating to the Anti-Monopoly Law and other related laws, including handling investigations such as on-site inspections by and discussions with the authorities, injunction and damage claims, appeal proceedings, requests for review and revocation proceedings. Furthermore, the firm also conducts public seminars as well as providing corporate training on compliance. Specific handled cases and tasks, including those relating to the Subcontract Law and the Act against Unjustifiable Premiums and Misleading Representations will be described later.

Legal systems in the area of the Anti-Monopoly Law are being expanded and strengthened in many countries around the world and sanctions for breaches of said law and competition laws are also severe and the authorities are actively enforcing the latter. Therefore, as companies expand their business activities, they also have to deal with the application of foreign competition laws. City-Yuwa works and cooperates with foreign law firms and others on these matters.

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

[Anti-Monopoly Law]

• Legal consultation in consideration of transaction concerns and new business on unfair trade practices such as abuse of dominant bargaining position, resale price restrictions, concerted refusal to deal, trading on restrictive terms and tie-in sales, and petitions for injunction;
• Advice on patent licences and other exercises of rights and considerations under the Anti-Monopoly Law, and drafting and reviewing agreements;
• Advice on transactional considerations for market monopolistic operators;
• 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, foreign competition laws, and other related laws in M&A cases;
• Countermeasures against onsite inspection by the JFTC, handling of commitment proceedings, discussion and coordination with the JFTC on the termination of examination due to the resolution of a breach of the Anti-Monopoly Law, discussion and coordination with the JFTC on surcharges, and actions for judicial review of administrative disposition;
• Claims for damages for violations of the Anti-Monopoly Law;
• Assistance in internal audit relating to cases involving allegations of a domestic cartels, assistance in implementing cease-and-desist measures for violations of the Anti-Monopoly Law;
• Assistance in establishing systems for compliance with the Anti-Monopoly Law;
• Legal support for handling investigations and settlement by the authorities on overseas cartels and on countermeasures against civil suits and criminal indictments;
• Conducting corporate training and public seminars on the Anti-Monopoly Law.

[Subcontract Law]

• Handling investigations relating to the Subcontract Law by the authorities;
• Advice on various contractual issues relating to Subcontract Law;
• Assistance in establishing systems for compliance with the Subcontract Law and conducting corporate training and public seminars on the Subcontract Law.

[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;
• Handling research and investigation relating to the Unjustifiable Premiums Law by the authorities;
• Application for examination and action for revocation of order to take measures.