Dealing with Competition Authority Investigations (Domestic / Overseas)

In this increasingly complex economy and society, antitrust laws and competition laws function to promote fair competition, and their scope of application is expanding to include numerous fields such as supply chains, labor markets, entertainment, data and platform services, etc. Consequently, as the types of antitrust violations subject to enforcement by the authorities have diversified beyond cartels and bid-rigging, the number of suspected cases of unfair trade practices (resale price maintenance, transactions with restrictive conditions, abuse of superior bargaining position, etc.) has increased significantly, and antitrust risks now affect every aspect of business operations.

Investigations by regulatory authorities have also evolved to include not only issuing orders based on on-site investigations but also a wider range of enforcement options, such as commitment procedures and soft methods such as fact-finding investigations conducted through interviews with other industry players. The investigation reports published by the Japan Fair Trade Commission can have a significant impact not only on specific situations but also on the overall business practices of an industry, and therefore an appropriate response to such reports is often required.

We advise companies suspected by regulatory authorities and those that have received inquiries from the authorities.

For companies facing competition law issues in their relationships with business partners, consulting with or filing a report with the Fair Trade Commission may be a strategically effective course of action. Atsumi & Sakai provides support for filing reports with the Fair Trade Commission, including case assessments.

Atsumi & Sakai is a hub for Japanese companies involved in investigations by foreign competition authorities. We lead strategic responses while managing legal fees. Utilizing both our global network and our team’s personal network, we work with experienced international attorneys to support clients from the establishment of an international response team.

 

 

Our services include:

• Supporting clients in responding to government investigations into suspected unfair trade practices and/or private monopolization
• Attending on-site inspections conducted by the Fair Trade Commission
• Providing assistance in developing manuals for responding to on-site inspections by competition authorities (domestic and overseas), and conducting mock on-site inspections
• Providing advice on how to respond to questionnaires and other inquiries in the Fair Trade Commission’s fact-finding survey
• Supporting consultations and reports to the Japan Fair Trade Commission (including case assessment)
• Supporting response to investigations by foreign competition authorities

 

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