Competition / Antitrust Law - Japan Compliance

Japan Compliance

Competition / Antitrust Law

A collection of 42 posts

One‑slide summary of Japan’s 2023 Supreme Court toner‑cartridge ruling balancing patent rights with aftermarket antitrust considerations

Competition / Antitrust Law

Aftermarket Competition in Japan: Balancing IP Rights and Antitrust Law – Lessons from a Printer Cartridge Case

Japan’s courts explain when enforcing printer‑cartridge patents crosses antitrust lines—essential reading for OEMs, recyclers and IP counsel.

Infographic summarizing Japan’s trade‑secret criteria and key compliance steps for U.S. companies.

Intellectual Property Law

Trade Secret Protection in Japan: Practical Guide for U.S. Businesses (2025)

Learn how Japan’s Unfair Competition Prevention Act defines and protects trade secrets, and the practical steps U.S. businesses must take to secure confidential know‑how in the Japanese market.

Slide summarising ASBP risks from Japan’s invoice system: lost input-tax credits, unfair 10 % price-cut demands, coercive registration, Subcontract Act overlap, and compliance checklist.

Competition / Antitrust Law

Japan's Antitrust Update: Navigating the Invoice System and Abuse of Superior Bargaining Position

TL;DR Japan’s new Qualified Invoice System makes purchases from tax-exempt SMEs costlier for taxable buyers. Demanding automatic 10 % price cuts or coercing suppliers to register as taxable businesses may breach the Antimonopoly Act’s “Abuse of Superior Bargaining Position” (ASBP) rules—and, for smaller subcontractors, the Subcontract Act.

Slide summarising Japanese patent-licence types (sen’yo vs tsūjō), key clauses, JFTC antitrust limits, withholding-tax note, and post-expiry royalty traps for US tech firms entering Japan.

Intellectual Property Law

Essential Guide to Patent Licensing Agreements in Japan: Key Considerations for US Tech Companies

TL;DR US tech firms licensing patents in Japan must grasp (1) the legal split between exclusive (sen'yo) and ordinary (tsūjō) license rights, (2) antitrust limits on royalties, exclusivity and grant-backs under the Antimonopoly Act, and (3) contract drafting points—scope, sublicensing, tax, and post-expiry payments—so agreements

Key points: AUPMR preliminary injunctions, Tokyo High Court 2022 ruling, substantiation hurdles, compliance tips

Competition / Antitrust Law

Can You Stop a CAA Cease-and-Desist? Preliminary Injunctions Against Misleading-Advertising Orders in Japan

TL;DR * The article explains why obtaining a preliminary injunction against Consumer Affairs Agency (CAA) orders under Japan’s Act against Unjustifiable Premiums and Misleading Representations (AUPMR) is exceptionally difficult. * It details the “reasonable grounds” substantiation rule, analyses the Tokyo High Court’s 13 Apr 2022 decision, and offers compliance

Slide summarizing Japan’s sub-threshold merger-control case—19.91 % tender offer, ketsugo kankei factors, JFTC divestiture remedy, and compliance tips for M&A teams.

Competition / Antitrust Law

M&A Antitrust Alert: Japan's Merger Control and the JFTC's Stance on Sub-Threshold Transactions

TL;DR Japan’s Antimonopoly Act not only triggers pre-notification at 20 %+ shareholdings; the JFTC can still intervene below that line when a “relationship of combination” (ketsugo kankei) forms. A June 22 2022 case forced a 19.91 % investor to divest below 10 % and freeze voting rights because it had

Slide visualising Japan-merger UPP/GUPPI workflow—diversion ratio, margin inputs, 5 % screen, and efficiency offset.

Competition / Antitrust Law

Merger Control in Japan: Understanding Economic Analysis Tools like UPP/GUPPI

TL;DR * Japan’s JFTC increasingly uses UPP/GUPPI to gauge unilateral price-rise incentives when rivals merge. * High diversion ratios + high margins → large GUPPI; 5 % often triggers deeper review. * Reliable inputs—prices, margins, diversion—are critical; efficiencies can offset pressure in a full UPP. * These tools complement, not replace, market-definition,

Slide on JFTC draft Green Guidelines: AMA rule-of-reason test for decarbonisation alliances, no blanket exemption, steps for lawful joint R&D, standards and phase-outs.

Competition / Antitrust Law

Green Deals & Antitrust in Japan: How to Structure Decarbonisation Cooperation

TL;DR * Japan’s 2050-carbon-neutral goal drives unprecedented cooperation, yet the Antimonopoly Act still bans hardcore cartels. * JFTC’s draft “Green Guidelines” clarify that most sustainability alliances face the usual rule-of-reason test: necessity, proportionality, and consumer impact. * No blanket green exemption exists—firms must structure joint R&D, purchasing,

Slide: Tokyo court says baseless patent-warning letters to customers breach UCPA; false information vs non-infringing product; emphasises good-faith IP enforcement duty.

Intellectual Property Law

Protecting Your Brand in Japan: Navigating IP Disputes and Reputational Harm

TL;DR * Tokyo District Court (Oct 28 2022) ruled that patent-infringement warning letters sent to a rival’s customers were unfair competition under the Unfair Competition Prevention Act (UCPA). * Because the product did not infringe and the sender ignored contrary evidence, the letters were “false information” and not a legitimate

Slide: Tokyo District Court found hidden algorithm change abused superior bargaining position, penalizing chain restaurants; stresses transparency duty under Japan Antimonopoly Act.

Competition / Antitrust Law

Japan’s Algorithm-Change Antitrust Case: How Platforms Risk “Abuse of Superior Bargaining Position”

TL;DR * Tokyo District Court (16 Jun 2022) found a restaurant-rating platform abused a Superior Bargaining Position by secretly tweaking its algorithm to penalise chains. * Key factors: platform dependence (31 % of sales), no prior notice, deviation from stated anti-manipulation purpose. * Damages awarded despite injunction denial—“unjust” implementation under Japan’s

Slide summarising Japan’s 50 % surcharge uplift for “leading operators”, showing hub-and-spoke cartel coordination and penalty calculation flow.

Competition / Antitrust Law

Playing a Leading Role? Japan's Antitrust Surcharge Enhancements for Cartel Facilitators

TL;DR * Japan’s Antimonopoly Act allows a 50 % surcharge uplift for companies deemed “leading operators” in cartels or bid-rigging schemes. * The Tokyo District Court’s 2022 Activated Carbon decision clarifies how courts decide whether a coordinator/facilitator meets this test. * Key factors include continuous coordination at others’ request and

Slide summarising Japan’s M&A legal framework, FEFTA screening triggers, JFTC merger-control steps, and key deal stages for U.S. acquirers

Japan M&A Guide 2025: Legal Essentials & Practical Tips for U.S. Companies

TL;DR This 2025 guide walks U.S. companies through Japan-specific M&A structures, FEFTA foreign-investment screening, JFTC merger control, labor-transfer rules and post-merger integration pitfalls—offering practical checkpoints for deal certainty and value creation. Table of Contents * I. The Legal Framework for M&A in Japan * A.

Infographic outlining Antimonopoly Act prohibitions and JFTC enforcement flow chart

Competition / Antitrust Law

Japan Antimonopoly Act & JFTC Enforcement (2025): A Practical Guide

TL;DR Japan’s Antimonopoly Act bars cartels, private monopolization and unfair trade practices (incl. abuse of superior bargaining position). Active JFTC enforcement + leniency + merger control mean US firms need robust compliance and deal-review processes. Table of Contents 1. Antimonopoly Act Overview 2. Prohibited Conduct * Private Monopolization * Cartels & Bid-Rigging

Slide summarising the IP-antitrust interface in Japan: AMA Article 21 exemption, limits on patent enforcement, 2022 toner-cartridge case facts, court test, and compliance takeaways

Intellectual Property Law

IP Rights vs. Antitrust in Japan: Lessons from the 2022 Toner-Cartridge Case

TL;DR Japan’s Antimonopoly Act (AMA) generally exempts legitimate patent enforcement, but the exemption vanishes when IP rights are wielded primarily to stifle competition. A 2022 IP High Court ruling on printer-toner cartridges shows that courts weigh (i) whether the conduct serves a credible business purpose, (ii) the severity

Slide summarising Japan’s Antimonopoly Act rules on exclusionary private monopolization

Competition / Antitrust Law

Exclusionary Practices under Japan’s Antimonopoly Act: A Compliance Guide for Dominant Firms

TL;DR Japan’s Antimonopoly Act (AMA) bans “exclusionary private monopolization” by dominant firms—conduct that artificially hinders rivals and substantially restrains competition. To stay compliant, define markets carefully, vet any practice that could impede rivals, and document genuine business justifications. A 2023 Tokyo High Court decision on airport fuel

Infographic showing ¥101 billion surcharge split among Japanese power utilities under AMA leniency rules

Competition / Antitrust Law

Record ¥101 B Antitrust Surcharge: Inside Japan’s Electricity Cartel Crackdown

TL;DR * ¥101 billion surcharge—largest in Japanese antitrust history—hit three regional utilities for market-division & bid-rigging cartels. * Leniency first-in wins: the initiator gained 100 % immunity, underscoring the strategic value of self-reporting. * Courts, regulators and industry players now face questions on market definition, repeat offenses, and post-2020 AMA surcharge

One-slide summary of director liability for JFTC antitrust surcharges in Japan – key duties, 2023 Tokyo High Court ruling, and compliance takeaways

Competition / Antitrust Law

Director Liability for JFTC Antitrust Surcharges in Japan — What Boards Must Know

TL;DR * The Tokyo High Court (Jan 26 2023) confirmed that company directors can be personally liable for 100 % of a JFTC surcharge imposed on the corporation for cartel conduct. * Liability was grounded in breaches of the duty of legal compliance and inadequate internal controls under Japan’s Companies Act.

Slide illustrating Japan’s Shutter cartel: timeline of March 5 2008 meeting, 10 % price-hike discussion, parallel implementation and JFTC presumption flowchart for information exchange.

Competition / Antitrust Law

When Talk Turns to Trouble: Antitrust Risks of Information Exchange in Japan – Lessons from the Shutter Cartel Case

TL;DR * Japan’s Antimonopoly Act infers a cartel when competitors share sensitive future data (prices, output) and later act in parallel. * The 2023 Tokyo High Court “Shutter cartel” ruling confirmed that even vague talk of a “10 % increase” plus subsequent aligned price hikes showed a meeting of minds. * Firms

Slide illustrating the fisheries-cooperative antitrust case: 100 % supply obligations, buyer hamagai ban, JFTC commitment timeline and key AMA articles for compliance.

Competition / Antitrust Law

Antitrust Alert: Lessons from Japan's Fisheries Cooperative Case on Exclusive Dealing and Supply Restrictions

TL;DR * A Kyushu fisheries federation imposed 100 %-supply rules on producers/co-ops and banned buyers’ direct purchases, triggering a JFTC commitment procedure. * Such exclusive-dealing and restrictive-condition practices can lose the AMA Article 22 cooperative exemption and violate Article 19 unfair-trade provisions. * The case shows that industry associations and cooperatives

Slide showing Japan’s 2023 IP reforms: digital-imitation ban via telecom lines, capacity-excess royalty damages, infringement-premium uplift and compliance checklist.

Intellectual Property Law

Japan’s 2023 IP Reforms: Higher Damages & Digital-Imitation Clamp-Down Explained

TL;DR * 2023 amendments widen Unfair Competition Prevention Act (UCPA) Article 2(1)(iii) to cover digital “dead copies” offered online and clarify that purely virtual goods are protected. * Copyright Act & UCPA damages rules now allow recovery of lost-profit royalties for infringing sales that exceed the right-holder’s capacity

Slide mapping Japan’s 2023 cross-border trade-secret reforms: expanded jurisdiction, optional Japanese governing law, and confidentiality tools in litigation.

Intellectual Property Law

Cross-Border Trade Secret Protection: New Rules for Jurisdiction and Governing Law in Japan

TL;DR * June 2023 amendments clarified that Japanese courts have jurisdiction over overseas trade-secret misappropriation if the plaintiff’s economic loss occurs in Japan. * The Act on General Rules for Application of Laws (Hōrei) now lets plaintiffs choose Japanese law for claims against Japan-based defendants, even if the theft happened

Slide summarising Japan’s 2023 IP reforms: defensive 3-D trademarks, broader partial designs, digital-replica UCPA protection and fast-track examination scheme.

Intellectual Property Law

Key Updates in Japan's 2023 Intellectual Property Law Reforms: Trademarks, Designs, and Unfair Competition

TL;DR * 2023 amendments streamline partial-design filings, enable defensive applications for three-dimensional trademarks, and extend Unfair Competition Prevention Act (UCPA) reach to “digital replicas.” * The JPO introduced a fast-track examination scheme for non-traditional marks and simplified priority claims for foreign applicants. * Rights-holders now enjoy a presumption of irreparable harm in

Slide contrasting Japan’s IP & antitrust hot spots: single-colour mark hurdles, narrow applied-art copyright, and ASBP risks in supplier negotiations. 情報源

Intellectual Property Law

Protecting Business Interests in Japan: IP and Antitrust Hot Topics

TL;DR * Single-colour trademarks remain almost impossible to register in Japan—proof of secondary meaning must isolate the colour from all other brand elements. * Copyright rarely covers “applied art”; courts demand aesthetic creativity separable from function, so design rights or patents are safer for product shapes. * The Antimonopoly Act’s

Slide comparing protection routes for product shapes in Japan: applied-art copyright vs. UCPA well-known trade dress vs. 3-year anti-dead-copy remedy.

Intellectual Property Law

Beyond Design Patents: Protecting Product Shapes in Japan via Copyright and Unfair Competition Law

TL;DR * After a design patent expires—or was never filed—Japan offers two fallback routes: (i) rare “applied-art” copyright and (ii) unfair-competition claims (well-known trade dress or anti-dead-copy). * Copyright demands a high level of artistic creativity separable from function; very few industrial designs qualify. * The toddler-chair IPHC decision shows

Slide summarising CJEU Meta ruling: GDPR-competition crossover, narrowed legal bases, consent tests and compliance checklist for dominant digital platforms.

Competition Law Meets Data Protection: What the CJEU’s Meta Ruling Means for GDPR & Dominance Cases

TL;DR * The CJEU’s 4 July 2023 Meta ruling lets competition authorities factor GDPR breaches into abuse-of-dominance cases while stressing cooperation with DPAs. * It sharply narrows “contractual necessity” / “legitimate interests” for advertising data-combination and raises the bar for valid consent by dominant platforms. * Global companies must re-audit cross-service data