Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Antitrust matters in Onojo are governed by Japan's national Antimonopoly Act, which is enforced across the country by the Japan Fair Trade Commission - JFTC - and by public prosecutors for criminal violations. Onojo businesses, consumers and public bodies are subject to the same rules as anywhere else in Japan. Common local issues include price fixing and bid rigging in public procurement, distribution restrictions with local retailers, mergers and business combinations affecting local markets, and complaints from competitors or customers. Enforcement can include administrative orders, monetary surcharges and, in serious cases, criminal prosecution of responsible individuals.
Antitrust matters can be complex, fact intensive and risky. You may need a lawyer if you face any of the following situations:
- A JFTC investigation, on-site inspection or request for information.
- A dawn raid or search by investigators or prosecutors.
- An allegation of cartel activity, bid rigging, price fixing or market allocation.
- Plans to merge with, acquire or form a joint venture where regulatory notification may be required.
- A dispute with a customer, supplier or competitor alleging abusive conduct or unfair trade practices.
- Preparation or review of distribution agreements, resale price rules, exclusivity clauses or termination notices to ensure they do not violate the Antimonopoly Act.
- Seeking leniency or immunity under the JFTC leniency program due to involvement in a cartel.
- Potential private damages claims or the need to defend against a civil suit under antitrust principles.
Key legal elements you should know include:
- National framework - The Antimonopoly Act is national law and applies in Onojo just as it does elsewhere in Japan. Local governments do not have separate antitrust statutes.
- Main prohibitions - The Act outlaws cartels and other agreements that fix prices, limit production, divide markets or rig bids. It also prohibits abuse of a dominant bargaining position and certain unfair trade practices.
- Merger control - Certain mergers and acquisitions may require notification to the JFTC or may be subject to review if they could substantially restrain competition. Thresholds and filing criteria change over time, so check current rules before closing a transaction.
- Administrative remedies - The JFTC may issue cease-and-desist orders, improvement orders and surcharge payment orders. The JFTC enforces compliance and has investigative powers to gather evidence.
- Criminal liability - Individuals and companies can face criminal penalties for serious cartel activity and bid rigging, including fines and imprisonment for responsible persons. Public prosecutors handle criminal cases.
- Private enforcement - Affected parties can bring civil actions for damages or injunctive relief. Courts, including the Fukuoka District Court, hear such claims in the region.
- Leniency and cooperation - The JFTC operates a leniency program that can reduce or eliminate administrative surcharges for applicants who cooperate in cartel investigations. Applications are time sensitive and usually require legal counsel.
- Confidentiality and privilege - Communications with a lawyer are subject to professional confidentiality rules. If you are under investigation, seek legal advice promptly to protect privileged communications and to manage information production.
The Antimonopoly Act is Japan's main antitrust law. It is enforced nationally by the Japan Fair Trade Commission - JFTC - and, for criminal violations, by public prosecutors. Local courts and administrative bodies in Fukuoka prefecture, including the Fukuoka District Court and the local public prosecutor's office, handle cases arising in Onojo.
No. Antitrust rules are set by national law under the Antimonopoly Act. Local authorities may cooperate in enforcement or procurement oversight, but the substantive law and main enforcement agencies are national.
Immediately stop normal business activity that might alter documents, preserve all relevant records and contact an experienced antitrust lawyer. Allow inspections only as required by law, avoid volunteering extra information without counsel, and document the inspection carefully. Your lawyer can protect privilege claims and manage communications with investigators.
A cartel is a coordination between competitors on price, output, market allocation or bid behavior. Horizontal agreements that fix prices or divide markets are generally treated as per se illegal and will draw strong enforcement. Some cooperative arrangements between competitors may be allowed if they produce clear pro-competitive benefits, but these need careful legal review and documentation.
Certain mergers and acquisitions must be notified if they meet statutory criteria that indicate a potential substantial restraint on competition. The exact thresholds and tests can change, so consult legal counsel early in transaction planning to determine whether a filing or advance clearance is required.
Yes. In serious cases such as cartel conduct and bid rigging, responsible individuals can face criminal charges, fines and imprisonment. Companies can also be penalized. Early legal engagement is essential to manage both administrative and criminal exposure.
Penalties can include administrative cease-and-desist or improvement orders, monetary surcharge payments, civil damages to harmed parties, and criminal fines or imprisonment in serious cases. Penalties vary based on the conduct, duration, market effect and cooperation with authorities.
The leniency program can offer reduction or immunity from administrative surcharges for the first qualifying applicant who provides sufficient, timely and verifiable information about cartel conduct. Because timing and content are critical, applicants should involve specialised counsel to prepare and coordinate submissions.
Yes. Private parties harmed by anti-competitive conduct can pursue civil actions for damages and injunctive relief in the courts. Courts consider the same legal principles as the JFTC, and evidence from administrative investigations can be used in civil suits.
Look for lawyers with specific experience in Japanese antitrust law and with a record of handling JFTC investigations, merger filings, criminal defense or private litigation. Ask about prior cases, experience with leniency applications, fee arrangements and whether they can work in your preferred language. Local resources such as the Fukuoka Bar Association can provide referrals.
Useful organisations and bodies to contact or consult include:
- Japan Fair Trade Commission - for national guidance, enforcement policies and leniency program information.
- Fukuoka District Public Prosecutors Office - for matters that may involve criminal investigation or prosecution.
- Fukuoka District Court - for civil litigation and injunctions in the region.
- Fukuoka Bar Association and Japan Federation of Bar Associations - for lawyer referrals and information about legal services.
- Local government procurement offices - for guidance on public tender rules and anti-rigging controls.
- Small and medium enterprise support centres and local chambers of commerce - for compliance assistance and business counselling.
If you suspect antitrust exposure or have been contacted by authorities, take these practical steps:
- Preserve documents and electronic records immediately. Do not delete emails or erase files that may relate to the issue.
- Stop any conduct that could worsen the situation, but avoid destroying or altering evidence.
- Contact an experienced antitrust lawyer without delay to assess risk, prepare a response and, if appropriate, handle any leniency application.
- Prepare a factual timeline and collect key documents and communications that your lawyer will need.
- Inform senior management and, where relevant, your board and insurers. Consider legal expense or D&O coverage for costs and potential liabilities.
- If you expect media attention, coordinate legal and communications strategies before making public statements.
- For M&A matters, involve antitrust counsel early in deal planning to assess filing requirements and timing.
Antitrust matters can escalate quickly and have significant legal and business consequences. Prompt action and specialised legal advice are the most effective ways to limit risk and reach a constructive outcome.
