EN
©2001-2026 Atumi & Sakai
Since the introduction of leniency programs in the United States in 1993, similar programs in Japan and other jurisdictions have led to the exposure of a growing number of cartel and bid-rigging cases around the world. Japan’s Antimonopoly Act was amended in 2020 to revise the leniency programs and to introduce changes to the handling of documents subject to attorney-client privilege.
Atsumi & Sakai conducts internal investigations into cartel and bid-rigging incidents, provides advice on applications for leniency, prepares guidelines for the handling of on-site inspections by the Japan Fair Trade Commission, attends on-site inspections, handles the response to the Japan Fair Trade Commission’s examination and appeals against its decisions, and files appeals with courts. In addition, our attorneys who have served as public prosecutors provide assistance with criminal cases, while our Crisis & Risk Management Practice Group provides advice on establishing internal compliance systems, holds seminars for officers and employees, provides consultation on disciplinary actions against employees who have committed violations, and advises on the conduct of board meetings and general shareholders’ meetings as well as timely disclosure of information.
It is not uncommon for international cartels to require simultaneous action in multiple jurisdictions. In such cases, working with foreign attorneys is essential in areas such as internal investigations, sharing and maintaining the confidentiality of internal investigation results, responding to on-site investigations, inquiries or subpoenas from foreign authorities, submitting waivers to authorities (documents consenting to the sharing of information between/among multiple authorities), responding to inquiries from the media, negotiating with foreign authorities, providing instructions on document management in each jurisdiction to preserve attorney-client privilege, handling private actions including discovery, and handling criminal cases.
Our firm acts as a hub for Japanese companies, leading strategic responses, including the management of legal fees, in handling such cases. With this in mind, we utilize both our firm’s global network and our team’s personal network to work with experienced international attorneys and support clients from the first establishment of an international response team.
In addition, we handle private actions such as class actions filed overseas in parallel with government investigations, and we also provide support to individuals at the companies under investigation during criminal proceedings.