Regulatory Enforcement

A collection of 37 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
Slide summarising Japan’s Worker Dispatch Act: definition of dispatch vs service contract, three-year limits, equal-pay rules, Article 40-6 deemed-employment risk, and compliance checklist.
Labor & Employment Law

Understanding Japan's Worker Dispatch Act: Compliance Risks and Best Practices for Foreign Companies

TL;DR Japan’s Worker Dispatch Act imposes licensing, three-year tenure caps, equal-pay rules and a potent “deemed employment offer” sanction for illegal dispatch or disguised contracting. Foreign companies must structure outsourcing and temp-staff use carefully—tracking tenure, avoiding direct instruction, verifying agency licenses and aligning pay—to prevent automatic
10 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: 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
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 showing Japan’s 2024 foreign-bribery overhaul: expanded “public official,” doubled fines, longer limitation period and compliance checklist for multinationals.
Anti-Corruption

Japan Strengthens Anti-Bribery Enforcement: Expanded Penalties and Scope for Foreign Public Official Bribery

TL;DR * A May 2024 amendment to the Unfair Competition Prevention Act (“UCPA”) doubles the maximum corporate fine for bribery of foreign public officials to ¥600 million (≈ US $4 m) or “loss avoided,” whichever is higher. * “Officials” now expressly include employees of foreign-government-controlled funds and international organisations, aligning with OECD
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 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 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