Antitrust and Competition Law

Corporate Merger Reviews

Under anti-monopoly law, when business operators with a sales volume of a certain scale or greater engage in a “corporate merger” through M&A or the like, said operators are required to give advance notice to the Japan Fair Trade Commission and, regardless of the scale of their business, are prohibited from carrying out any M&A that will have competition-inhibiting effects. Similar corporate merger restrictions are applicable in many countries and regions outside of Japan.

Recent years have seen a trend among the world’s competition authorities that favors increasingly strict and methodical corporate merger reviews, making it essential for business operators engaged in corporate mergers to effectively and efficiently analyze issues of concern under anti-monopoly law and competition law, propose measures for the elimination of problems when necessary, and otherwise handle corporate merger review appropriately.

Our firm offers efficient and practical services through a team of attorneys who are well versed in anti-monopoly law and competition law, including attorneys with direct experience taking part in corporate merger reviews at the Japan Fair Trade Commission. Specifically, we offer the following services for the respective stages of M&A.

  1. For the M&A planning stage, advice on risk evaluation and prevention strategies in accordance with anti-monopoly law and competition law.
  2. Examination of whether notices to the Japan Fair Trade Commission or overseas competition authorities are necessary.
  3. Handling of notices to and pre-notice consultations in regard to the Japan Fair Trade Commission.
  4. Discussions and negotiations with the Japan Fair Trade Commission (including preparation of explanatory materials, submission of economic analysis reports, etc.).
  5. Advice on issues of concern under anti-monopoly law and competition law, including formulation and implementation of appropriate information exchange rules.
  6. Support and advice in partnership with overseas law firms in regard to notices etc. to overseas competition authorities.