Cartels Laws and Regulations 2024 - Japan Chapter

Please click here to read this article.

【Table of Contents】
1. Overview of the law and enforcement regime relating to cartels
2. Overview of administrative investigative powers in Japan
3. Overview of cartel enforcement activity during the last 12 months
4. Key issues in relation to enforcement policy
5. Key issues in relation to investigation and decision-making procedures
6. Leniency/amnesty regime
7. Administrative settlement of cases
8. Third-party complaints
9. Civil penalties and sanctions
10. Right of appeal against civil liability and penalties
11. Criminal sanctions
12. Cooperation with other antitrust agencies
13. Cross-border issues
14. Developments in private enforcement of antitrust laws
15. Reform proposals

Authors： Kagenori Sako Yuichi Oda Kosuke Yoshimura
Magazine/Book：Global Legal Insights (GLI) Cartels 2024 - Enforcement, Appeals & Damages Actions - 12th Edition
Publisher：glg (global legal group)
Practice： Competition/Consumer Protection Counseling Competition/Consumer Protection Compliance Government Investigations Competition/Consumer Protection Litigation
Date of publication： April 18, 2024

Other publications by Kagenori Sako

2023.05.02
GLI Cartels 2023 - Japan Chapter
2022.05.13
The Legal 500 Country Comparative Guides - Japan CARTELS
2022.02.04
Antimonopoly Act Consultation Handbook
2021.05.17
Private Antitrust Litigation
2020.10.31
Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
2020.03.09
Overview of Discovery in US Litigation Initiated by Victims of Cartels and Risks thereof
2019.12.20
International Legal Practice
2019.11.19
Overview and Risks of Class Action Lawsuits Filed by Cartel Victims
2019.11.02
Legal Practice Concerning Joint Research and Development Agreements
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
2017.09.10
Basic Practices for the Preparation and Administration of Documents, etc., in Anticipation of Cross-border Business Disputes (JCA Journal Vol. 64, No. 9 [September 2017 Issue])
2017.05.25
Flash Report on an Antitrust Case – Example of a Behavioural Remedies (Conduct Remedies) in a Corporate Merger Resulting in 100% Share in the Relevant Market (Jurist No.1507)
2015.03.25
Flash Report on an Antitrust Case - A Case Denying the Applicability of "Acts by a Partnership" under Article 22 of the Antimonopoly Act. (Jurist No.1478)
2014.11.21
Measures to Avoid Being Suspected of Being Part of an International Cartel (Business Homu Vol.15/No.1)
2014.07.01
Legal Practice Handbook: Cases and Comments - Competition Law (Coauthered)
2012.11.01
Product Recall, Liability and Insurance (Contribution)
2005.07.01
The Theory, Practice and Forms of New Bankruptcy Act (Coauthored)

MORE

Other publications by Yuichi Oda

2024.07.18
PANORAMIC - Government Investigations 2025 - Japan Chapter
2024.07.01
Cabinet Order, Regulations, and Guidelines Released! Toward Practical Compliance with the New Freelance Law that is About to Come into Effect
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
2019.07.01
Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract 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

MORE

Other publications by Kosuke Yoshimura

2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.05.02
GLI Cartels 2023 - Japan Chapter
2022.05.13
The Legal 500 Country Comparative Guides - Japan CARTELS
2022.02.04
Antimonopoly Act Consultation Handbook
2021.10.05
The Legal 500 Comparative Guides - Japan Merger Control
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2020.12.21
Amendments to the Antimonopoly Act
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.10.31
Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
2020.10.07
Extraterritorial Application of EU Cartel Regulations
2020.07.15
Detection by US Authorities of Cartels that include Japanese Companies, and the Risk of Extradition to the United States for Officers and Employees Residing in Japan
2020.06.18
Extraterritorial Application of U.S. Cartel Regulations
2019.09.30
Cartel Regulation and State of Enforcement in Foreign Countries
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 -
2019.01.01
[Health Promotion Act/Act Against Unjustifiable Premiums and Misleading Representations] Health Foods and Labeling Regulations
2018.10.03
Points to Note in the Consumer Contract Act Amended in 2018 and Measures Required of Corporations
2016.08.01
BUSINESS LAWYERS website (August 2016 -)

MORE

Other publications about Competition/Consumer Protection Counseling

2024.09.01
Legal Affairs for Companies Expanding Overseas: Consumer Protection issues
2024.07.18
PANORAMIC - Government Investigations 2025 - Japan Chapter
2024.04.19
Cartels Laws and Regulations 2024 - Japan Chapter
2023.07.28
Getting the Deal Through - Government Investigations 2024 - Japan Chapter
2023.07.03
Overview of and Response to Stealth Marketing Regulations to be Introduced
2023.07.03
2021 Revised Act on Specified Commercial Transactions and Summary
2023.05.02
GLI Cartels 2023 - Japan Chapter
2022.12.21
[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
2022.05.21
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
2022.02.15
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
Labor and Competition Legislation concerning Exploitative Acts toward Freelancers
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)
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2021.02.15
[Series] E-Commerce Practices (No.6): Points to Keep in Mind regarding Application and Amendment of Terms and Conditions
2020.12.15
Special Topic: A Commentary on the Impact on Practices of the Judgment Rendered by the Tokyo High Court on November 5, 2020 on the Terms of Use ーFrom the Perspective of Business Practices under Consumer Laws (i.e. Business Operators’ Side)
2020.12.15
[Series] E-Commerce Practices (No. 5): Points to Note in Drafting Terms and Conditions (5)
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.11.15
[Series] E-Commerce Practices (No. 4): Points to Note in Drafting Terms and Conditions (4)
2020.11.11
Gun-jumping Rule and Examples of Enforcement Outside of Japan
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
2020.10.21
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)
2020.10.15
[Series] E-Commerce Practices (No. 3): Points to Note in Drafting Terms and Conditions (3)
2020.09.25
Reduction System for Cooperation in Investigation
2020.09.15
[Series] E-Commerce Practices (No. 2): Points to Note in Drafting Terms and Conditions (2)
2020.08.21
Viewpoints in Reviewing Competition Law Compliance Systems at Companies
2020.08.15
[Series] E-Commerce Practices (No. 1): Points to Note in Drafting Terms and Conditions (1)
2020.06.27
Lawyers' Knowledge on Competition Law Practice
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.10.07
[Expert Analysis] Digital Platforms Must Heed Japanese Antitrust Law Updates
2019.09.21
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
2019.07.01
Points to Note in Employing Freelancers from the Perspective of the Anti-Monopoly Act and the Subcontract Act
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 -
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)
2017.06.26
Platforms and the Guidelines on Distribution Systems and Business Practices
2014.06.20
Ronten-Taikei:The Anti-Monopoly Act
2013.01.01
The Cartels and Leniency Review

MORE

Other publications about Competition/Consumer Protection Litigation

2024.07.18
PANORAMIC - Government Investigations 2025 - Japan Chapter
2024.04.19
Cartels Laws and Regulations 2024 - Japan Chapter
2023.07.28
Getting the Deal Through - Government Investigations 2024 - Japan Chapter
2023.07.03
Overview of and Response to Stealth Marketing Regulations to be Introduced
2023.07.03
2021 Revised Act on Specified Commercial Transactions and Summary
2023.05.02
GLI Cartels 2023 - Japan Chapter
2022.02.04
Antimonopoly Act Consultation Handbook
2021.05.17
Private Antitrust Litigation
2021.05.10
Ronten-Taikei : The Anti-Monopoly Act Second Edition
2020.10.31
Practical Guide to the 2016 and 2019 Antimonopoly Act Amendments
2020.06.27
Lawyers' Knowledge on Competition Law Practice
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.09.21
DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2014.06.20
Ronten-Taikei:The Anti-Monopoly Act
2013.01.01
The Cartels and Leniency Review

MORE

Other publications about Competition/Consumer Protection Compliance

2024.09.01
Legal Affairs for Companies Expanding Overseas: Consumer Protection issues
2024.07.18
PANORAMIC - Government Investigations 2025 - Japan Chapter
2024.04.19
Cartels Laws and Regulations 2024 - Japan Chapter
2023.08.24
Thematic-based: Legal Practice in the Healthcare Business
2023.07.28
Getting the Deal Through - Government Investigations 2024 - Japan Chapter
2023.07.03
Overview of and Response to Stealth Marketing Regulations to be Introduced
2023.07.03
2021 Revised Act on Specified Commercial Transactions and Summary
2023.05.02
GLI Cartels 2023 - Japan Chapter
2022.12.21
[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
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
2022.02.15
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)
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2021.02.15
[Series] E-Commerce Practices (No.6): Points to Keep in Mind regarding Application and Amendment of Terms and Conditions
2020.12.15
Special Topic: A Commentary on the Impact on Practices of the Judgment Rendered by the Tokyo High Court on November 5, 2020 on the Terms of Use ーFrom the Perspective of Business Practices under Consumer Laws (i.e. Business Operators’ Side)
2020.12.15
[Series] E-Commerce Practices (No. 5): Points to Note in Drafting Terms and Conditions (5)
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.11.15
[Series] E-Commerce Practices (No. 4): Points to Note in Drafting Terms and Conditions (4)
2020.11.11
Gun-jumping Rule and Examples of Enforcement Outside of Japan
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
2020.10.21
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)
2020.10.15
[Series] E-Commerce Practices (No. 3): Points to Note in Drafting Terms and Conditions (3)
2020.09.25
Reduction System for Cooperation in Investigation
2020.09.15
[Series] E-Commerce Practices (No. 2): Points to Note in Drafting Terms and Conditions (2)
2020.08.21
Viewpoints in Reviewing Competition Law Compliance Systems at Companies
2020.08.15
[Series] E-Commerce Practices (No. 1): Points to Note in Drafting Terms and Conditions (1)
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
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.10.07
[Expert Analysis] Digital Platforms Must Heed Japanese Antitrust Law Updates
2019.09.21
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
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
Introduction of the Commitment Procedure under the Anti-Monopoly Law
2018.10.03
Points to Note in the Consumer Contract Act Amended in 2018 and Measures Required of Corporations
2018.04.21
A Textbook for First-Year Legal Department Staff and In-house Lawyers – The Subcontract Act and the Antitrust Law
2017.10.25
Special Dialogue:Measures for the Changing Competition Environment – Clarification of the Safety Zone
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)
2015.03.01
The Antimonopoly Act (Supervising Editor)
2014.06.20
Ronten-Taikei:The Anti-Monopoly Act
2013.01.01
The Cartels and Leniency Review

MORE

Other publications about Government Investigations

2024.07.18
PANORAMIC - Government Investigations 2025 - Japan Chapter
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
2022.05.13
The Legal 500 Country Comparative Guides - Japan CARTELS
2022.02.04
Antimonopoly Act Consultation Handbook
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
2020.06.27
Lawyers' Knowledge on Competition Law Practice
2019.10.21
DOJ Dawn Raid Preparation and Response Checklist (Part 2) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.09.21
DOJ Dawn Raid Preparation and Response Checklist (Part 1) ~Contemplating Compliance Programs for Global Corporations based on Overseas Practice of Competition Laws~
2019.02.01
Introduction of the Commitment Procedure under the Anti-Monopoly Law
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

MORE

Contact us

ページTOPへ