Competition / Antitrust Law

A collection of 42 posts
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.
9 min read
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
8 min read
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,
10 min read
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,
8 min read
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
9 min read
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