Competition / Antitrust Law

A collection of 32 posts
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
7 min read
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
8 min read
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
8 min read
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
9 min read
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
7 min read
Slide summarising CJEU Meta ruling: GDPR-competition crossover, narrowed legal bases, consent tests and compliance checklist for dominant digital platforms.
Data Privacy

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
6 min read
Slide showing antitrust risks in Japanese talent-agency contracts: AMA ASBP test, JFTC warning timeline and compliance checklist for entertainment companies.
Competition / Antitrust Law

Talent Mobility in Japan’s Entertainment Industry: Antitrust Risks, “Oshigami” Lessons & Contract Tips

TL;DR * Long-term exclusivity and post-contract non-competes in Japan’s talent-agency deals face growing Antimonopoly Act (AMA) scrutiny. * JFTC investigations and the 2019 “idol-group” warning signalled that black-listing and excessive restrictions may breach Abuse-of-Superior-Bargaining-Position (ASBP) rules. * Agencies must justify contract length, avoid retaliatory conduct and embrace clearer, proportionate terms before
5 min read
Slide showing Japan’s publicity-vs-portrait rights, Pink Lady infringement test, 2023 talent-agency case and contract checklist for marketing uses.
Intellectual Property Law

Publicity & Portrait Rights in Japan: Legal Guide for US Marketing and Entertainment Businesses

TL;DR * Japan protects identity value through judge-made Publicity Rights (economic) and Portrait Rights (privacy/dignity). * The Supreme Court’s Pink Lady test finds infringement only when use is exclusively to exploit customer-attraction power. * A 2023 Tokyo case shows roster-style website uses can be lawful if primarily informational. Written consent
9 min read
Slide summarising franchising risks in Japan: ASBP concept, 2023 court injunction, territory expectations and compliance checklist for US franchisors.
Competition / Antitrust Law

Franchising in Japan: Antimonopoly Act Risks, ASBP Case Study & Compliance Steps for US Brands

TL;DR * Japan lacks a single franchise statute, so antitrust rules—especially the Antimonopoly Act’s Abuse of Superior Bargaining Position (ASBP)—govern fairness. * A 2023 Tokyo District Court injunction shows franchisors may not undermine franchisees’ “reasonable territorial expectations,” even if not in the contract. * US franchisors must draft clear
8 min read
Slide summarising Japan’s rules on false IP takedowns: UCPA Art. 2(1)(xxi) test, 2024 Osaka High Court case facts, duty-of-care checklist for platform users.
Competition / Antitrust Law

False IP Takedowns on Japanese E-Commerce Platforms: UCPA Liability & Risk-Control Guide

TL;DR * Filing baseless IP-infringement reports on Japanese e-commerce platforms can breach the Unfair Competition Prevention Act (UCPA) Art. 2(1)(xxi). * An Osaka High Court ruling (26 Jan 2024) held a competitor liable for negligent, false copyright claims that triggered listing suspensions. * Rights-holders must verify ownership, investigate infringement and
9 min read
Slide showing Japan’s JFTC Green Guidelines framework: safe-harbour, rule-of-reason test, 2024 petrochemical case and compliance tips for sustainability alliances.
Competition / Antitrust Law

Sustainability Collaborations in Japan: JFTC “Green Guidelines” & Antitrust Safe Paths

TL;DR * Japan’s JFTC “Green Guidelines” outline when competitor collaboration for decarbonisation is clearly lawful, problematic in principle, or needs a rule-of-reason balance. * A February 2024 petrochemical-complex consultation shows the JFTC will green-light joint infrastructure, R&D and even joint purchasing if market power is limited. * US firms
8 min read