As businesses continue to expand their operations internationally, they are increasingly at risk of being the subject of investigations by competition authorities around the world. Competition authorities in jurisdictions such as Japan, the U.S., the EU, Canada, Australia, and Korea have been active enforcers for many decades now. More recently, enforcement by competition authorities in countries such as China, India, Singapore, Brazil and South Africa, among others, has intensified. AMT has significant and proven experience of collaborating seamlessly with local attorneys, including in formulating the best possible legal defense strategy, conducting interviews with related parties as well as in reviewing and managing documentary evidence through the use of the latest forensic tools and digital technology. In many cases, we have also coordinated leniency applications across a number of jurisdictions. With respect to international cartels, in particular, our experience includes the following: ・Vitamins case (advised Japanese listed companies on the procedures in the U.S., the EU, Japan, Canada and South Korea); ・Petrochemicals cartel case (advised Japanese listed companies on the procedures in the U.S. and the EU); ・Heavy electric cartel case (advised Japanese listed companies on the procedures in the EU and several European countries); ・Graphite Electrode case (advised foreign companies on the procedures in Japan and South Korea); ・Marine Hose case (advised European companies on the procedures in Japan); ・International airfreight forwarders cartel case (advised Japanese listed companies on the procedures in Japan, the U.S., the EU and Singapore); ・Power cables case (advised Japanese listed companies on the procedures in Japan, the EU, Brazil, etc.); ・Capacitors case (Japan, China, Taiwan, the U.S., Canada, the EU and South Korea, etc.); and ・Auto Parts case (advised Japanese listed companies etc. on the procedures in Japan, the U.S., Canada, the EU, Brazil, Mexico, India, South Africa, China, Korea, etc.)

Companies often respond to the rapidly-changing business environment by pursuing acquisitions, mergers and company splits, as well as by establishing strategic business alliances or forming joint ventures. Where prior notification to the JFTC is required for these transactions, AMT provides practical support to our clients to enable the most efficient process for organizing, requesting and collecting the necessary information for timely submission to the JFTC. For transactions where the JFTC conducts substantive investigations, we assist our clients in responding in a quick and efficient manner to requests for information, or in helping to formulate and negotiate viable remedies. In merger control cases with an international element, we work flexibly to support our clients in a consistent and efficient manner through our long established and trusted network of overseas law firms as well as by utilizing our own international offices to the fullest extent. We are regularly asked to assess the risk of cease-and-desist orders being imposed by the JFTC and engage early with the case team through prior consultation wherever necessary. As part of that process, we often draft and submit opinions to the JFTC on proposed business combinations in order to flush out any potential issues at an early stage. Some of our team’s transactions in this area include our representation of: ・A U.S. venture fund in its acquisition of shares in a Japanese joint venture in the life sciences and chemical industries; ・A multinational oil company in its Japanese subsidiary's acquisition of an oil business from a Japanese company; ・A joint venture project between a leading Japanese auto parts manufacturer and a German car parts manufacturer; and ・A joint venture project between two large Japanese manufacturers of electronic components.

Enforcers around the world have shown a renewed interest in investigating and sanctioning conduct that amounts to an abuse of market power. In Japan, private monopolization and unfair trade practices constitute the two main types of conduct that is typically investigated by the JFTC. In line with the global trend, the JFTC is becoming more and more active in this area, and in a number of recent cases is investigating similar conduct as other leading foreign competition authorities, as often the practices in question are cross-border and in many cases even global. AMT has a wealth of experience in this practice area both in relation to domestic cases and in some of the largest and most complex investigations spanning many jurisdictions.

While licensing agreements, distributorship agreements, patent pools, cross-licensing and standardization may be very important for a client’s business strategy, they may also have anti-competitive effects. This intricate interplay between competition law and intellectual property law is one of the most complex areas of competition law, and one in which AMT excels, thanks to our substantial experience in this field.

AMT regularly advises clients on how best to structure distribution chains, agency agreements and franchising contracts in a pragmatic and commercially sensitive manner while balancing the requirements of the Antimonopoly Act. The Act against Unjustifiable Premiums and Misleading Representations of Japan and the Subcontract Act of Japan are deemed to be special laws of the Antimonopoly Act, and the Freelance Law aims to protect freelancers from the perspective of abuse of a superior bargaining position, etc. AMT has substantial experience in advising and representing our clients in respect of investigations conducted by the relevant supervisory agencies in relation to these laws. Moreover, AMT provides comprehensive advice to clients on procedures for making claims asserting unfair competition including the filing of lawsuits under the Unfair Competition Prevention Act of Japan as well as other relevant laws.

Companies subject to the JFTC investigations are frequently at risk of civil claims from their counterparties both in Japan and in international cases in the U.S. and increasingly the EU. Over the years AMT has developed deep expertise in defending clients in such civil claims in court, including in formulating strategies for dealing with the U.S. class actions. We ensure that we provide practical advice to our clients, taking into full consideration the possible litigation risks from the very start of the JFTC’s investigation of an alleged infringement. In addition, we also advise clients on administrative penalties (i.e. so-called "de facto" penalties imposed by central, municipal or local governments and state companies of Japan) or suspensions from participating in bidding for public projects.

An increasing number of companies are introducing competition compliance programs to minimize business risks, regardless of whether these companies have any prior records of antitrust violations. Our competition practice team develops compliance programs which are uniquely tailored to our clients' industries, methods of business development, and scale of risk. We also assist in drafting manuals, whistle-blowing policies and rules of employment, conducting competition law due diligence, and carrying out on-site mock dawn raids as part of such compliance programs. Additionally, in order for compliance programs to be truly effective, corporate officers and employees need a reasonable understanding of the applicable competition regulations and guidelines, and of the conduct expected of them if they were to suspect any violation. We therefore offer compliance training tailored to the actual business environments in which our clients operate.

When companies form business alliances or partnerships (including those involving capital alliances), whether with other companies in the same industry or with those with whom they have existing business relationships, or when companies without such relationships plan to share customers, technologies, and data, such arrangements may give rise to competition law-related risks. These risks can arise from the exchange of information and joint use of critical business assets. In particular, with the JFTC's recent release of the "Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society under the Antimonopoly Act" (so-called "Green Guidelines"), companies are paying closer attention to compliance with the Antimonopoly Act, particularly in the context of various initiatives toward the realization of a green society. In order to address these issues effectively, we provide our clients with comprehensive advice from a competition law perspective in areas such as structuring business alliances, mutual information sharing, dispatch of executives and employees, and execution of related transactions, after conducting the necessary competition analysis and review, leveraging our extensive experience and knowledge in the field. We also provide support for preliminary consultations with relevant competition authorities when necessary.

Anderson Mori & Tomotsune has a leading cross-border antitrust and competition practice in Japan. The team comprises a number of highly specialized attorneys qualified to practice law in the world’s major antitrust jurisdictions with decades of actual experience practicing competition and antitrust law not only in Japan but also in the EU and the US. As a result, our team has a deep and long-standing experience in representing clients before all the key antitrust authorities, including the Japan Fair Trade Commission, the European Commission, the US Department of Justice and the Federal Trade Commission, China’s State Administration for Market Regulation, Korea’s Fair Trade Commission, the Competition and Consumer Commission of Singapore, the Trade Competition Commission of Thailand and the Competition Commission of India. The team has advised on many of the past few decades’ highest-profile, most complex international cartel investigations and merger control transactions. Anderson Mori & Tomotsune regularly co-operates and seconds lawyers with top competition firms and practitioners worldwide and is frequently called upon to help formulate and implement global antitrust strategies and ensure speedy merger control clearances. The launch of the firm’s Brussels office in early 2024, as the first large Japanese law firm to establish a presence in the heart of the EU’s regulatory center, is a further testament to our focus and expertise in providing cutting edge cross-border competition law advice.