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Cartels, Bid Rigging, and Leniency

Since 1993, when the US introduced the leniency system, many other jurisdictions, including Japan, have introduced their own leniency systems, which led to a rapid increase of cartel investigations by competition authorities throughout the world. An amendment to the Japanese Anti-Monopoly Act was enforced in 2020 to introduce a discretionary leniency system, and to make changes to the handling of documents subject to attorney-client privilege.

Our services in this area include:

Conducting internal investigations into cartel and bid rigging incidents
Advising on leniency applications
Supporting clients on all aspects of inspections by the Japan Fair Trade Commission, including preparing guidelines and attending on-site inspections
Responding to examinations by the Japan Fair Trade Commission, and appeals against decisions by the Japan Fair Trade Commission
Assisting with criminal cases in cooperation with our colleagues who are former public prosecutors
Advising on internal compliance systems and providing training for directors and employees in cooperation with our risk management group
Advising on termination of employees who have committed illegal acts, advising boards of directors/general shareholders meetings where a cartel investigation is to be discussed and advising on disclosure requirements, and advising on media relations, including how to respond to media inquiries