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Special Feature on the New System under the Amended Antimonopoly Act

 

Amendment to the Antimonopoly Act (Act No. 45 of 2019) came into effect on December 25, 2020 (Note).
In addition, the relevant Cabinet Order and the Rules of the Fair Trade Commission, etc. also came into effect on December 25, 2020.
Click here for the latest legislation and guidelines.

(Note) Some of the amended provisions (e.g., raising the maximum amount of fines for corporations, etc. for obstructing inspections, lowering the percentage of late fees for surcharges, etc.) have already come into effect on July 26, 2019 and January 1, 2020.
 

  (1) Main points of the revision

・Overview of the new system

The summary of the newly introduced systems in a PDF format such as the background to the revision of the law and the main revisions, as well as an overview of the new systems, etc., associated with the revision.

・Revision of the Surcharge System

The introduction of a revision of the surcharge system in a PDF format focusing on the method of calculation such as an addition of the basis for the calculation and a revision of the calculation rate will be available before long as prepared.

・Reduction System for Cooperation in Investigation (new leniency program)

The introduction of a new leniency program adding reduction rates according to the degree of enterprises’ cooperation in revealing the case in a PDF format will be available before long as prepared.

・Determination Procedures

With the introduction of Reduction System for Cooperation in Investigation, the need of the enterprises to consult with independent attorneys in order to effectively cooperate with the investigation is likely to increase. Therefore, from the perspective of making the new leniency program more effective while substantially protecting confidential legal advice, etc. related to such consultations and ensuring the appropriateness of administrative investigation procedures, the Determination Procedures in the administrative investigation procedures of the Fair Trade Commission (procedures to return to the enterprise, without waiting for the closure of the case, the objects recording the contents of the confidential communications between the attorney and the enterprise without the investigators or other staff members engaged in the investigation of the relevant case having access to the contents of the object as long as satisfaction of certain conditions is confirmed) have been newly introduced. Click here for the outline.

 

  (2) Relevant provisions, etc.

・The Antimonopoly Act

・Regulations

・Guidelines


  (3) Other Related Links

New leniency program
Amendments of the Rules/Guidelines with the Amendment of the Antimonopoly Act (Determination Procedure etc.)
Enactment of the Act to Amend the Antimonopoly Act
Cabinet Decision on the Antimonopoly Act Amendment Bill
 

Every document is tentative translation. Please refer to the original text written in Japanese.



Japan Fair Trade Commission:

100-8987 1-1-1 Kasumigaseki, Chiyoda-ku, Tokyo,Japan
Tel: +81-3-3581-1998
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