Anti-Monopoly Act and Subcontract Act
The Anti-Monopoly Act is one of the basic laws to be observed when business operators conduct business activities. Violation of the Anti-Monopoly Act is accompanied by a large degree of risk, such as massive surcharges and fines imposed on business operators, suspension of business, suspension from participating in bidding, credibility loss, derivative lawsuits against directors, and the like.
In recent years, an increasing number of Japanese companies have been sanctioned for participation in large-scale cartels by both Japanese and foreign regulators. The enforcement of competition laws is being pursued more vigorously globally. Prevention of violation of competition laws and effective measures in the event such violation is discovered are of great importance to all business operators.
We are involved in various types of legal consultation, such as reviewing of transaction schemes related to the Anti-Monopoly Act as well as the Act against Unjustifiable Premiums and Misleading Representations and the Subcontract Act, and checking legal contracts. In addition, we advise clients on how to develop compliance programs and conduct in-house training sessions to eliminate and prevent anticompetitive behaviors including bid-rigging and cartels. We have scored major successes in internal investigations and damages actions (including taxpayer suits) in bid-rigging and cartel cases.
We also aim to become proactively involved in problems related to competition laws that are likely to confront business operators, going forward.