Comparative Guides
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Results: 4 Answers
Merger Control
5.
Remedies
5.1
Can the parties negotiate remedies to address any competition concerns identified? If so, what types of remedies may be accepted?
 
Japan
Yes. The parties can propose behavioural and/or structural remedies to the Japan Fair Trade Commission (JFTC) at any time during the reviewing period. In principle, structural measures such as the transfer of business are preferable. However, when such primary measures are not feasible, there may be cases in which certain behavioural measures are accepted under certain circumstances.

For more information about this answer please contact: Kentaro Toda from TMI Associates
5.2
What are the procedural steps for negotiating and submitting remedies? Can remedies be proposed at any time throughout the review process?
 
Japan
As mentioned in question 5.1, the parties can propose remedies to the JFTC at any time during both the Phase 1 and Phase 2 review.

In principle, the remedies should be completed before the combination is implemented. If the remedies are to be completed without fail after implementation of the combination, then an appropriate and definite deadline for completion should be imposed.

For more information about this answer please contact: Kentaro Toda from TMI Associates
5.3
To what extent have remedies been imposed in foreign-to-foreign transactions?
 
Japan
As long as competition in any particular field of trade which geographically includes Japan is substantially restrained, remedies are required, even for foreign-to-foreign transactions. The JFTC handles foreign-to-foreign transactions in the same way as domestic transactions and will not hesitate to order remedies regarding foreign-to-foreign transactions.

For more information about this answer please contact: Kentaro Toda from TMI Associates