Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act

Authors: Tetsuya Nagasawa Yuichi Oda
Magazine/Book:SMBC Manegement plus Jul 
Publisher:SMBC Manegement Meeting ・ SMBC Consulting
Practice: General Corporate Practice Competition/Consumer Protection Counseling Competition/Consumer Protection Compliance Employment Consulting
Date of publication: July 1, 2019

Other publications by Tetsuya Nagasawa

2022.02.15
Utilization of Antimonopoly Act in Civil Dispute Resolution
2022.02.04
Antimonopoly Act Consultation Handbook
2022.01.07
Recent Tends in the Subcontract Act: Focusing on the Regulation of the Terms of Trade Itself
2021.11.01
Examination and Analysis of Regulations against Abuse of Superior Bargaining Position 4th Edition
2021.05.17
Private Antitrust Litigation
2021.05.15
Labor and Competition Legislation concerning Exploitative Acts toward Freelancers
2021.05.10
Ronten-Taikei : The Anti-Monopoly Act Second Edition
2021.04.16
Learn through Q&A : A Practical Guide to the Subcontracting Act for each Industry
2020.10.31
Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
2020.10.23
Flash Report on Anti-Monopoly Case: Justification of Voluntary Restrictions by Trade Associations Based on their Purposes and Methods ― Announcement of the JFTC on June 23, 2020
2020.09.25
Reduction System for Cooperation in Investigation
2020.08.21
Viewpoints in Reviewing Competition Law Compliance Systems at Companies
2020.06.27
Lawyers' Knowledge on Competition Law Practice
2020.04.25
Recent Developments Concerning the Subcontract Act and Points to Note in Terms of Compliance
2019.02.01
Introduction of the Commitment Procedure under the Anti-Monopoly Law
2018.04.30
Scope of Application of the Anti-Monopoly Act in International Cartel Cases -Supreme Court Decision on the Cathode Ray Tube Case (Decision by the Supreme Court, Third Petty Bench, on December 12, 2017)
2018.04.13
Anti-Monopoly Law Issues that HR Persons Should Note – Prompted by the Study of U.S. and Japanese Competition Authorities
2018.01.09
Petition for Stay of Execution of Cease and Desist Order Concerning Unfair Trade Practices -- Tokyo District Court decision on July 31, 2017
2017.10.25
Special Dialogue:Measures for the Changing Competition Environment – Clarification of the Safety Zone
2017.10.24
100 Selected Judicial Precedents and Trial Decisions on Economic Law [The Second Edition] (Jurist Supplementary Volume)
2017.07.10
An up-close coverage on officers investigating subcontract transactions - A deeper examination into the bullying of small and medium-sized enterprises (Commentator)
2017.06.26
Platforms and the Guidelines on Distribution Systems and Business Practices
2017.05.01
Compliance under the Antimonopoly Law – Recommendation to Review Compliance from the Perspective of Its Principle
2017.04.01
Advice for Main Subcontracting Entrepreneurs and Subcontractors from a Legal Professional – In the Pursuit of an Environment where All Companies can Conduct Transactions “At Their Own Free Will” and “Without Restrictions,”
2017.04.01
Advice for Main Subcontracting Entrepreneurs and Subcontractors from a Legal Professional – In the Pursuit of an Environment where All Companies can Conduct Transactions “At Their Own Free Will” and “Without Restrictions,”
2017.01.01
The Case where the Court Dismissed the Claim of Superior Bargaining Position of the Alleged Offender Finding instead that the Counterparty Had the Superior Bargaining Position
2016.08.01
Amendment of the Guidelines Concerning Distribution Systems and Business Practices Increasing the Safe Harbor Threshold
2016.07.12
Detailed Explanation of the Investigation Procedures under the Act on Private Monopolization and Maintenance of Fair Trade
2016.03.01
Ways of Lawyers, Part 3: Independence and Creativity of Lawyers
2015.12.01
COMMENTARY AND ANALYSIS ON THE AMENDED ANTI-MONOPOLY ACT OF JAPAN 2009 (ed.) (2d ed.)
2015.12.01
Update on Issues on Abuse of Superior Bargaining Position and the Subcontract Act
2015.11.01
Review of the Draft Guidelines on Administrative Investigation Procedures under the Antimonopoly Act of Japan - from the Viewpoint of Lawyers
2015.11.01
Review of the Draft Guidelines on the Administrative Investigation Procedures under the Antimonopoly Act _ From a Lawyer’s Perspective
2015.08.21
Categorized Essentials for the Preparation of Judicial Documents: Antitrust Law Litigation
2015.08.21
Pointers for the Preparation of Litigation Documents Based on Their Types: Antitrust Litigation
2015.07.25
Exclusion Effect and Artificial Nature of Exclusionary Private Monopolization: Judgment by the Supreme Court on the JASRAC Case
2015.07.25
Effects of Exclusion and the Artificial Nature of an Exclusion-Type Private Monopoly - Supreme Court Ruling in the JASRAC Case
2015.06.18
Amendment of the Guidelines on Distribution Systems and Business Practices: Primary Considerations in the Practice
2015.02.01
The System of Imposing Penalties for Misleading Representations
2014.12.21
Surcharge System against Misleading Representations
2014.12.01
Update on Antitrust Litigation and Challenges to the Advocacy Practice
2014.11.25
Recent Trends in Antitrust Actions and Issues concerning the Defense Thereof
2014.10.07
Various Issues on the Practice concerning the Determination of an Abuse of a Superior Bargaining Position
2014.10.01
Latest Updates on Risks and Practical Measures to Cope with Cartels
2014.10.01
Practical Issues in Identifying Abuse of Superior Bargaining Position
2014.09.26
Latest Trends of Cartel Risks and Practical Measures
2014.09.22
Is China’s Cartel Regulation a ‘Threat’?
2014.09.15
Is the Cartel Regulation in China the “Threat”?
2014.07.01
SYSTEMIC ISSUES OF ANTITRUST LAW
2014.07.01
Assessment and Issues on the Operation of the Amended Subcontract Act from the Viewpoint of Lawyers
2014.07.01
TRIAL DECISIONS IN FAIR TRADE CASES SELECTED AS ESSENTIALS FOR THE PRACTICE
2014.06.20
Ronten-Taikei:The Anti-Monopoly Act
2014.04.01
Judgment Rescinding the Trial Decision on the JASRAC Case
2014.03.01
Corporate Legal Affairs - Collection of Antitrust Law Cases 3rd Series: Resale Price Fixing
2014.01.01
Three-way Conversation: The Cutting Edge of Cross-border Cartel Regulations
2013.11.15
PRACTICAL COMMENTARY – DEALING WITH THE ACT ON SPECIAL MEASURES OF ANTITRUST LAW REGARDING THE SHIFTING OF CONSUMPTION TAX
2013.10.01
Commentary on New Legislation – The Act on Special Measures of Antitrust Law regarding the Shifting of Consumption Tax
2013.09.30
Roles of Users and Suppliers in the Formation of Competitive Relationships
2013.08.24
Unfair Means as Competition in Sole and Unilateral Refusals to Deal
2013.07.19
An Explanation for Small-and-medium-sized Enterprises of the Antimonopoly Act and the Act against Delay in Payment of Subcontract Proceeds, etc., to Subcontractors
2013.04.01
Liability for Exclusionary Private Monopolization under Article 25 of the Antimonopoly Act of Japan (the Nipro Case)
2013.02.01
The Operation of the Subcontract Act Rising to an Evolving Stage: Considerations Learned from Recommendation Cases
2012.06.01
Three-way Conversation: Practical Issues on Abuse of Superior Bargaining Position
2012.06.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 6th Series (the last) on Abuse of Superior Bargaining Position - Judgment by the Osaka District Court dated May 25, 2010 (No. 2092 of Law Reports (Hanrei-Jiho) p. 106) on the Fujio Food System Case
2012.04.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 5th Series on Refusal to Deal - Judgment by the Supreme Court dated December 17, 2010 (No. 8, Vol. 64 of Civil Court Reports, p. 2067) on the NTT East Case
2012.02.01
Essence in Making Decisions as a Legal Staff in Anticipating a Possible Antitrust Law Civil Lawsuit
2012.02.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 4th Series on Discriminatory Price - Judgment by the Tokyo District Court dated April 27, 2005 (Vol. 52 of Decision Reports, p. 789) on “The Tokai” Case
2012.01.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 3rd Series on Exclusionary Dealings - Decision by the FAIR TRADE Commission dated June 9, 2011 (unreported in the Decision Reports) on the DeNA Case
2011.11.01
Study on a Case Ruling that a Discontinuance of an Affiliation in the Use of an ATM Does Not Constitute an Unfair Trade Practice - The Tokyo Star Bank v. Bank of Tokyo-Mitsubishi UFJ
2011.11.01
On Regulations on Abuse of Superior Bargaining Position - Taking Recent Cases as the Subject
2011.11.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 2nd Series on Dealings with Restraint Conditions - Judgment by the Supreme Court dated December 18, 1998 (Vol. 45 of Decision Reports, p. 461) on the Kao Distribution Case and the Decision by the Fair Trade Commission dated August 1, 2001 (Vol. 48 of Decision Reports, p.3) on the SCE Case
2011.10.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 1st Series on Unfair Trade Restriction - Judgment by the Tokyo High Court dated December 10, 2010 (unreported in the Decision Reports) on the Modifiers Case
2011.08.01
COMMENTARY AND ANALYSIS ON REGULATIONS AGAINST ABUSE OF SUPERIOR BARGAINING POSITION AND THE SUBCONTRACT ACT
2010.10.01
Brief Paper on Antitrust Law Cases - A Case Questioning the Formation of an Indirect Bond among the Partners of a Joint Capital Company
2010.07.01
Legal Risks - Related to Antitrust Law and the Subcontract Act
2010.06.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (4th Series) - Misleading Representations
2010.05.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (3rd Series) - Abuse of Superior Bargaining Position and the Subcontract Act
2010.04.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (2nd Series) - Exclusionary Private Monopolization and Other Illegal Acts in Business Transactions
2010.04.01
Determination of a Price Quote for the Purchase Price (Explanatory Notes on the Recommendation for a Trial Decision dated June 9, 1992 by the Fair Trade Commission)
2010.03.01
The Existence or Non-existence of the Exclusion Effect is the Key: Pith and Marrow of Legal Competitive Activities
2010.03.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (1st Series) - Cartels and Bid Riggings
2010.03.01
Practical Measures to Cope with Regulations on Exclusionary Private Monopolization
2010.01.01
To What Extent are Price Maintenance Measures to Keep Brand Value Allowable?
2010.01.01
Private Monopolization and Unfair Trade Practice after Implementation of the System of Imposing Penalties
2009.09.15
Amendment of the Anti-Monopoly Act of Japan - Implementation of Special Provisions concerning Orders to Produce Documents in Injunction Lawsuits
2009.09.01
Exclusionary Private Monopolization
2009.08.20
COMMENTARY AND ANALYSIS ON THE AMENDED ANTI-MONOPOLY ACT OF JAPAN 2009 (ed.)
2009.06.01
Utilization of the Anti-Monopoly Act by Small-and-medium-sized Enterprises - How to Use the Anti-Monopoly Act for Victim Companies
2009.04.01
Case Granting Indemnification of Damages Due to a Tortuous Act on the Ground that Stealing Customers Subsequent to Poaching Employees Constitutes Private Monopolization - Judgment by the Tokyo District Court dated December 10, 2008
2009.01.01
Misleading Representations - Severe Punishment will be Imposed on Representations that are Both “False” and “Mistaken,”
2008.09.15
Methods to Determine Illegality of Exclusionary Private Monopolization
2008.04.01
Agenda and Outlook for the Amendment of the Antimonopoly Act - from the View of a Practicing Lawyer
2007.10.01
Considerations on the Ideal Kind of Due Process in Proceedings before the Japan Fair Trade Commission
2007.09.01
EU Competition Law: Restrictions on Trading Activities
2003.12.01
Antitrust Law System at a Crossroad - Essence of the “Written Report by the Study Group on Antitrust Law,”
2003.11.01
Patent Pool Issues under the Antitrust Law
2002.05.01
Joint Purchase Issues among Corporations under the Antitrust Law
2002.04.01
Another Turn concerning the Extraterritorial Application of U.S. Antitrust Laws - Subject Matter Jurisdiction over Claims by Users Outside the U.S. in an International Cartel
2002.03.01
Another Turn concerning the Extraterritorial Application of U.S. Antitrust Laws - Subject Matter Jurisdiction over Claims by Users Outside the U.S. in an International Cartel
2001.12.01
Joint Purchase Issues among Corporations under the Antitrust Law
2001.11.01
Joint Purchase Issues among Corporations under the Antitrust Law

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PANORAMIC - Government Investigations 2025 - Japan Chapter
2024.07.01
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2024.04.19
Cartels Laws and Regulations 2024 - Japan Chapter
2023.07.28
Getting the Deal Through - Government Investigations 2024 - Japan Chapter
2023.05.02
GLI Cartels 2023 - Japan Chapter
2022.05.21
Understanding the Basics - The Regulatory Framework of Subcontracting-related Laws (Business Homu, July 2022)
2022.05.13
The Legal 500 Country Comparative Guides - Japan CARTELS
2022.02.07
Legal Consultation Concerning the Subcontract Act
2021.11.20
Learning from Anti-Monopoly Act Cases Consulted with the JFTC and the Cases of Violation of the Subcontract Act - Practical Points to Ensure Fairness in Inter-Business Transactions (Business Homu, January 2022)
2021.10.05
The Legal 500 Comparative Guides - Japan Merger Control
2021.05.17
Private Antitrust Litigation
2021.04.16
Learn through Q&A : A Practical Guide to the Subcontracting Act for each Industry
2021.02.01
Were consumer interests unjustly injured? Is the “Systematic Enclosure” distorting a competitive environment? The United States authorities have started investigating the actual conditions of transactions. (The weekly magazine, “Shukan Jutaku,” issued on February 1, 2021 (the front page), and its online version)
2020.10.31
Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
2020.10.21
The Eight Key Points that Should be Immediately Disseminated to Main Subcontracting Entrepreneurs - Compliance with the Subcontract Act and the Trends of the Anticipated Law Enforcement during the COVID-19 Pandemic (Business Homu, December 2020)
2019.12.13
The Integral Resort (IR) Business has Started - Matters to Note when Entering Into such Business -
2019.09.26
Characteristics of Competition Law in the Global Economy
2019.07.01
To Operate a Business Properly - A Review of the Key Points of the Anti-Monopoly Act
2018.11.22
"Seeking Leniency in Japan," Cartel & Criminal Practice Committee Newsletter, Fall 2018
2018.11.01
"Seeking Leniency in Japan," Cartel & Criminal Practice Committee Newsletter, Fall 2018
2018.10.21
The Milestone No. 4 ofthe Anti-Monopoly Act: Understanding Through Multiplication - The Anti-Monopoly Act and the Code of Criminal Procedure
2018.07.24
Japanese IR (integrated resort) business has finally started
2018.06.15
Unexpected On-site Inspections by the Japan Fair Trade Commission - Actions Required on the Inspection Day
2018.04.13
Anti-Monopoly Law Issues that HR Persons Should Note – Prompted by the Study of U.S. and Japanese Competition Authorities
2018.03.01
A Practical Study on the Confusing Relationship between the Obligation to Return the Subject Matter and the Obligation of Restitution under a Lease Agreement
2016.12.20
Superior Bargaining Position under Antitrust Law

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Legal Affairs for Companies Expanding Overseas: Consumer Protection issues
2024.07.18
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2023.08.24
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Getting the Deal Through - Government Investigations 2024 - Japan Chapter
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2021 Revised Act on Specified Commercial Transactions and Summary
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[Practical Explanation] Commentary on the 2022 Revisions on the Consumer Contract Act and the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers by a Legislator
2022.09.27
Summary of the Amendment to the Chinese Anti-Monopoly Law (2) – Monopoly agreements and abuses of dominant market positions
2022.05.21
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The Legal 500 Country Comparative Guides - Japan CARTELS
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Utilization of Antimonopoly Act in Civil Dispute Resolution
2022.02.04
Antimonopoly Act Consultation Handbook
2022.01.25
A Case where Restrictive Trading Against App Providers Became Problematic – Handling the Case Against Apple Inc. - announced by the Fair Trade Commission dated September 9, 2021 [Antitrust Case Flash Report]
2022.01.07
Recent Tends in the Subcontract Act: Focusing on the Regulation of the Terms of Trade Itself
2021.11.20
Learning from Anti-Monopoly Act Cases Consulted with the JFTC and the Cases of Violation of the Subcontract Act - Practical Points to Ensure Fairness in Inter-Business Transactions (Business Homu, January 2022)
2021.11.15
[Series] E-Commerce Practices (Points to Note in Drafting Terms and Conditions.etc.) (No. 12):Points to Note regarding Personal Data Protection (3)
2021.11.01
Examination and Analysis of Regulations against Abuse of Superior Bargaining Position 4th Edition
2021.10.15
[Series] E-Commerce Practices (Points to Note in Drafting Terms and Conditions.etc.) (No. 11):Points to Note regarding Personal Data Protection (2)
2021.09.15
[Series] E-Commerce Practices (Points to Note in Drafting Terms and Conditions.etc.) (No. 10) :Points to Note regarding Personal Data Protection (1)
2021.05.17
Private Antitrust Litigation
2021.05.15
[Series] E-Commerce Practices (No.9):Overview and Summary of Recent Legislative Trends related to E-Commerce
2021.05.10
Ronten-Taikei : The Anti-Monopoly Act Second Edition
2021.04.16
Learn through Q&A : A Practical Guide to the Subcontracting Act for each Industry
2021.04.15
[Series] E-Commerce Practices (No.8):Points to Keep in Mind in Making Representations on Websites (2)
2021.03.15
[Series] E-Commerce Practices (No.7):Points to Keep in Mind in Making Representations on Websites (1)
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Gun-jumping Rule and Examples of Enforcement Outside of Japan
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Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
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Flash Report on Anti-Monopoly Case: Justification of Voluntary Restrictions by Trade Associations Based on their Purposes and Methods ― Announcement of the JFTC on June 23, 2020
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2020.09.15
[Series] E-Commerce Practices (No. 2): Points to Note in Drafting Terms and Conditions (2)
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2020.08.15
[Series] E-Commerce Practices (No. 1): Points to Note in Drafting Terms and Conditions (1)
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2019.10.07
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2019.09.21
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2019.07.01
To Operate a Business Properly - A Review of the Key Points of the Anti-Monopoly Act
2019.07.01
Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act
2019.04.01
Competition Law Compliance Program for Companies Diversifying Globally
2019.03.01
Schmidt's Deodorant Company (Natural Deodorant Products), Report #6127, NAD/CARU Case Reports (10/27/2017) - A Case Study where Advertising Claims based on General Customers' Reviews were Found Inappropriate in the US -
2019.02.01
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2013.01.01
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2024.06.19
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2023.12.20
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2023.12.20
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2023.07.06
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2022.07.12
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2022.04.27
Addressing Legal Issues Relating to the Resurgence of Covid-19 in China - Focusing on Treatment of Employees and Actions toward Trading Counterparties
2022.04.01
Key Points and Things to Note Regarding the Amended Act on Childcare Leave and Caregiver Leave, Which will be Enforced in Phases from April 1, 2022
2022.03.20
Re-examination of Companies' Actions Regarding the Whistleblower Hotline -- In View of Upcoming Enforcement of the Amended Whistleblower Protection Act
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2021.05.15
Labor and Competition Legislation concerning Exploitative Acts toward Freelancers
2021.03.01
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2020.09.07
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2019.07.01
Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act
2018.03.01
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2018.01.01
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2017.06.01
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[Series] E-Commerce Practices (No. 4): Points to Note in Drafting Terms and Conditions (4)
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Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
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[Series] E-Commerce Practices (No. 3): Points to Note in Drafting Terms and Conditions (3)
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[Series] E-Commerce Practices (No. 2): Points to Note in Drafting Terms and Conditions (2)
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[Series] E-Commerce Practices (No. 1): Points to Note in Drafting Terms and Conditions (1)
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DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
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[Expert Analysis] Digital Platforms Must Heed Japanese Antitrust Law Updates
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DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.07.01
To Operate a Business Properly - A Review of the Key Points of the Anti-Monopoly Act
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Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act
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Schmidt's Deodorant Company (Natural Deodorant Products), Report #6127, NAD/CARU Case Reports (10/27/2017) - A Case Study where Advertising Claims based on General Customers' Reviews were Found Inappropriate in the US -
2018.10.03
Points to Note in the Consumer Contract Act Amended in 2018 and Measures Required of Corporations
2018.04.13
Anti-Monopoly Law Issues that HR Persons Should Note – Prompted by the Study of U.S. and Japanese Competition Authorities
2017.07.10
An up-close coverage on officers investigating subcontract transactions - A deeper examination into the bullying of small and medium-sized enterprises (Commentator)
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Platforms and the Guidelines on Distribution Systems and Business Practices
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