News & Analysis as of

Japan Fair Trade Commission (JFTC) Japan

Mayer Brown

Staffing Up: Antitrust Regulators Around the World Step Up Digital Platform and Technology Enforcement

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In February, the Japan Fair Trade Commission announced that it will hire additional staff to enforce the country's new Act on Promotion of Competition for Specified Smartphone Software. The Act “aim[s] to foster innovation...more

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JFTC seeking public comments on proposed Guidelines re: Anti-Monopoly perspective on business activities for realizing a Green...

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On January 13, 2023, Japan Fair Trade Commission ("JFTC") proposed a draft of "Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society under the Antimonopoly Act" ("Draft...more

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JFTC’s policy to actively promote competition in response to social economics, such as digitalization: Coordinating and...

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JFTC’s policy to actively promote competition in response to social economics, such as digitalization: Coordinating and strengthening advocacy and enforcement - On June 16, 2022, the Japan Fair Trade Commission ("JFTC")...more

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JFTC market study report on credit card transactions suggests standard interchange fee rates be disclosed

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On April 8, 2022, the Japan Fair Trade Commission ("JFTC") published the Market Survey Report on Credit Card Transactions ("Report"). The JFTC conducted a survey on credit card transactions in order to ascertain disclosure of...more

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New Capitalism in Japan: Measures to Facilitate Pass-on for Value Creation through Partnerships, including by the JFTC

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On December 27, 2021, the New Capitalism Headquarters at the Cabinet Secretariat of Japan, Consumer Affairs Agency ("CAA"), Ministry of Health, Labour and Welfare ("MHLW"), Ministry of Economy, Trade and Industry ("METI"),...more

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JFTC and METI Proposes Guidelines for Business Collaboration with Startups and Investment in Startups

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On December 23, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups and Investment in Startups...more

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JFTC and METI issued Guidelines for Business Collaboration with Startups

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On March 29, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") issued Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open...more

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JFTC/CPRC extended the public comment period until March 12, 2021: Proposed issues to be discussed at the Study Group on...

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The Competition Policy Research Center ("CPRC") of the Japan Fair Trade Commission ("JFTC") is seeking comments from the public on a list of proposed issues to be discussed at the Study Group on Competition Policy for Data...more

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JFTC/CPRC seeking public comments on proposed issues to be discussed at the Study Group on Competition Policy for Data Market

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On December 24, 2020, the Competition Policy Research Center ("CPRC") of the Japan Fair Trade Commission ("JFTC") announced a list of proposed issues to be discussed at the Study Group on Competition Policy for Data Market...more

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METI Seeking Public Comments on Proposed Regulations for Act on Improving Transparency and Fairness of the Specified Digital...

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On December 22, 2020, Ministry of Economy, Trade and Industry ("METI") proposed a draft of cabinet order ("Cabinet Order"), implementing regulations ("Implementing Regulations") and guidelines ("Guidelines")for the Act on...more

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JFTC and METI Proposed Guidelines for Business Collaboration with Startups

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On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of...more

Morgan Lewis

JFTC Issues Survey Results on Trade Practices Involving Startups

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The Japan Fair Trade Commission (JFTC) on November 27 published its final report on the survey (Survey) it conducted since November 2019 regarding trade practices involving startup companies. ...more

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JFTC Public Comment Opportunity: Amendments to Rules for eliminating seals to promote online procedures

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On November 2, 2020, the Japan Fair Trade Commission ("JFTC") proposed amendments to relevant rules ("Drafts")  in accordance with the Government of Japan's "Regulatory Reform Implementation Plan" ("Government's Plan")...more

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JFTC Merger Review FY2019

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During FY 2019, the Japan Fair Trade Commission ("JFTC") received 310 notifications, which is a 3.4 percent decrease from FY 2018. It provided clearance for 300 cases at Phase I review. Two cases were sent to Phase II review....more

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JFTC Public Comment Opportunity: New Rules re: Fine Calculation and Leniency in accordance with 2019 AMA Amendments

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On June 29, 2020, the Japan Fair Trade Commission (“JFTC”) issued a draft of amendments to relevant cabinet orders and rules (“Drafts”) in accordance with the amendments to the Anti-Monopoly Act (“AMA”) previously passed in...more

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Interim Report on Startup Businesses Practices by the Japan Fair Trade Commission (“JFTC”)

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On June 30, 2020, the JFTC published an interim report about market research on startup business practices (the "Report"). The JFTC will continue its research and will issue a final report. This is part of the effort by the...more

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Report on Medium-Term Vision on Competition in Digital Market by the Government of Japan

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On June 16, 2020, the Digital Market Competition Council published the “Report on the Medium-Term Vision on Competition in the Digital Market” (“Report.”) The Report discusses the current situation surrounding the digital...more

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Japan FTC Proposes New Attorney-Client Privilege Rules For Public Comment

In April 2020, Japan’s antitrust regulator, the Japan Fair Trade Commission (JFTC), issued draft rules and guidelines establishing, among other things, limited confidentiality protections for attorney-client communications...more

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Japan Legal Update Vol. 51 | January–February 2020

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Amendment to the Civil Code Will Come Into Effect in April - On April 1, 2020, the Act to Partially Amend the Civil Code ("Amendment") will come into effect, with some exceptions. The Amendment will fundamentally change...more

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The Japan Fair Trade Commission ("JFTC") published Market Research Report re: Restaurant Review Digital Platforms

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The JFTC conducted market research ("Research") from April 2019 until March 2020 on online portal sites ("Portal Sites") that review restaurants and bars ("Restaurants") and published a report of its findings on March 18,...more

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Amendments to the JFTC Merger Guidelines and Policies in accordance with Digital Economy

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The Japan Fair Trade Commission ("JFTC") amended the "Guidelines to Application of the Antimonopoly Act Concerning Review of Business Combination" ("Guidelines") and the "Policies Concerning Procedures of Review of Business...more

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Prospects for JFTC Competition Policies in 2020

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The 2019 Amendments to the Anti-Monopoly Act ("Amendments") including revisions to surcharge system (i.e., administrative fine system) will be fully in force within 2020. Accordingly, so-called attorney-client privilege will...more

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New Guidelines re: Application of ASBP to Transactions between Digital Platforms and Consumers

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The Japan Fair Trade Commission ("JFTC") issued "Guidelines Concerning Abuse of Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that Provide Personal Information, etc."...more

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The Japan Cabinet proposed Direction of Bill for Digital Platform Transparency Act

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The Japan Cabinet proposed the "Approaches to a bill on improving transparency of transactions of digital platform operators (provisional name)" on December 19, 2019 ("Proposal") and is seeking comments from the public until...more

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The Commitment Case for the First Time at the Japan Fair Trade Commission – MFN Clauses

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On October 25, 2019, the Japan Fair Trade Commission (“JFTC”) announced that it approved a commitment plan proposed by Rakuten, Inc. (“Rakuten”). As a result, the JFTC closed its investigation without finding violation or...more

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