Europe and the EU
The cutting-edge content and broad scope of application of the regulations under EU law have shaped the rules in the global marketplace. This strong norm-shaping power has had a variety of effects on many Japanese companies, including those not based in the EU. In particular, due to the coming into effect of the EU-Japan Economic Partnership Agreement in 2019, the relationship between Japan and the EU and its member states is growing closer, and EU law is becoming increasingly important to Japanese companies.
Atsumi & Sakai, as a Japanese law firm with Europe-based offices in London, Frankfurt, and Brussels, provides real-time legal services to clients in Japan and the EU for both inbound and outbound economic activities through cooperation among our experienced lawyers and foreign lawyers at our European offices and our Tokyo office. Looking back the history of our Europe-related practice, shortly after the Brexit vote results in 2016, we promptly held a seminar about the problems caused by Brexit in Japan where we shared the latest information.
Our EU law practice has expanded with the development of EU law, based on contacts with EU institutions, local information, and networking and collaboration with local law firms that we have cultivated over many years. Our main areas of practice are EU competition law (advice on cartels, business combination regulations, regulations on abuse of dominant positions, horizontal or vertical restraints, state aid, foreign subsidies regulations, etc.), digital business operator regulations, EU trade laws (advice on customs law, advice on the EPA negotiations, economic sanctions, foreign direct investment regulations, etc.), import control regulations, intellectual property protection, personal information protection (GDPR, etc.), and various regulations under the European Green Deal policies. We also provide advice on financial regulations in Europe, taking advantage of our long history of handling finance-related matters.
In addition, our firm also has a growing number of attorneys with experience working in London, Frankfurt, and Brussels, and is able to provide clients with support tailored to local conditions in Europe. In addition, the Tokyo office and our European offices have collaborated to establish a Europe/EU team, which consists mainly of personnel who deal with European projects, creating an advanced borderless system between Europe and Japan.
We are also engaged in theoretical studies in order to accurately comprehend the unique nature of EU law and its relationship with the complex laws of the member states. Many of our lawyers are members of study associations, which offer them opportunities to consult the opinions of prominent scholars and practitioners from around the world.
Sample Material Transactions:
- Advised the European Commission on Japanese law in the EPA negotiations between Japan and Europe
- Acting as lead and local counsel on behalf of Japanese and foreign companies in international cartel cases involving areas including automotive parts, air cargo, and ships
- Conducted an EU antidumping investigation for Japanese companies
- Advised on establishment of compliance systems at the branches and subsidiaries of Japanese companies operating in Europe, including advice relating to EU regulations
- Advised a Japanese company on EU regulations relating to technology transfers
- Advising a leading Italian global apparel conglomerate on the restructuring and spin-off of its various Japanese operations
- Advising a Swiss HR consultancy on various employment law issues in Japan, including structuring stock options and related regulations
- Advising an Italian specialist construction supplies company on the acquisition of its Japanese distributor
- Advising a French global automotive supplier on HR issues in Japan
Related Publications
- “The EU Foreign Subsidies Regulation: Current and Future Challenges,” Kousei Torihiki No. 880 (February 2024)
- Legal Professional Privilege in EU Competition Investigations, Edward Elgar Publishing (2023)
- “Proposals for Legal Professional Privileges in EU Competition Investigations,” Market and Competition Law Review (Porto)Vol.6 No.1(April 2022)
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“EU Competition Policy in the Context of European Green Deal,” KOKUSAI SHOJI HOMU Vol.48 No.3 (March 2020)
- "EU Competition Law Policy in the Digital Age and Japan – Centered around Platform Regulations – ," published in the journal of the European Union Studies Association Japan, EU Studies in Japan No. 40 (2020)
Related Seminars
- “The Latest Developments of EU Competition Law,” at the seminar on Competition Laws of Foreign Countries, hosted by Kousei Torihiki Kyoukai/Fair Trade Institute, March 2024
- “The Latest Developments of EU Competition Law -Recent Important Examinations and Court Decisions as well as New Legislation and Proposed Amendments-,” hosted by the Japan External Trade Organization (JETRO) and the Japanese Chamber of Commerce and Industry in the United Kingdom, November 22, 2023
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Monthly meeting entitled “Updates and Points to Note on EU Competition Law,” hosted by the Japanese Institute of International Business Law, Inc., April 2023
- "One Aspect of Conflict between EU Law and Investment Arbitration Seen from the CJEU Ruling in Moldova v. Komstroy," at the 43rd Annual Conference, hosted by the European Union Studies Association-Japan, November 5 and 6, 2022 (held at Tokyo Keizai University)
- Moderator at a presentation about Immigration & Employment, AI and Corporate Law by the Law Society of England and Wales at the joint seminar "Brexit Impacts on Legal System and Practices," hosted by Dai-ichi Tokyo Bar Association and the Law Society of England and Wales, supported by Japan In-House Lawyers Association (JILA), Japan External Trade Organization (JETRO) and the Tokyo Chamber of Commerce and Industry, February 17, 2020
Related Materials
- "Research Study on Recent Trends of Data Protection Acts in Other Countries,” Personal Information Protection Commission (2018) (Japanese / External Website)