Vertical Restraints and Abuse of Superior Bargaining Position

We analyze and provide advice on issues related to the impact of the Anti-Monopoly Act on unilateral conduct and contracts such as:

• license agreements,
• joint research and development agreements,
• distribution-related agreements, and
• franchise agreements.

We are able to support the digital industry, healthcare industry, and finance industry, in cooperation with our expert lawyers in these areas.

 

The Japan Fair Trade Commission’s powers of enforcement were strengthened by the introduction of a commitment system in 2018, and the Commission also has increased enforcement of rules on vertical restraints and abuse of superior bargaining position against major distributors, platform operators and financial institutions.

 

Our services in this area include:

• Advising on defense against investigations by the Japan Fair Trade Commission
• Assisting in creating compliance programs

 

Related Publications

• The Handbook of Competition Enforcement Agencies 2019, Japan Chapter, Global Competition Review (2019)
• "Supreme People's Court decision on Abuse of Market Dominant Position under China’s Antitrust Law," KOKUSAI SHOJI HOMU Vol.43 No.2 (February, 2015)
• "Case Bulletin of Japanese Antimonopoly Act – Restriction on ticket sales by the trade association of ski lift operators (the JFTC announcement of February 19, 2014)," JURIST No. 1470, Yuhikaku Publishing Co., Ltd. (August, 2014)

 

Related Seminars

• Panelist at a panel discussion on "Managing Pricing and Distribution for Global Companies - Price Maintenance and Vertical Restraints Around the World" at the symposium entitled "2015 Asia Forum – Tokyo (Doing Business in Asia: Recent Trends and Developments in the Regulatory Environment, Transactional Practice and Dispute Resolution)" hosted by ABA, March 2, 2015

 

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