Comparative Guides

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4. Results: Answers
Merger Control
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
Japan

Answer ... In case of failure to notify, a criminal fine of up to JPY 2 million may be imposed both on the parties that are obliged to notify and on any representative or employee responsible for the failure. We are not aware of any cases in which such criminal fines have actually been imposed.

For more information about this answer please contact: Ryoichi Kaneko from Anderson Mori & Tomotsune
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
Japan

Answer ... In case of failure to comply with the 30-calendar-day waiting period, a criminal fine of up to JPY 2 million may be imposed both on the parties that are obliged to notify and on any representative or employee responsible for the failure.

For more information about this answer please contact: Ryoichi Kaneko from Anderson Mori & Tomotsune
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
Japan

Answer ... The Japan Fair Trade Commission (JFTC) ordinarily requires the parties to submit regular reports to the JFTC to monitor whether they are complying with remedies (please see question 5.1). It is not common practice to appoint a monitoring trustee in Japan.

If the parties fail to comply with the remedies, a cease-and-desist order may be issued; and if the parties do not comply with the final and binding cease-and-desist order, the following penalties may be imposed:

  • imprisonment with work for up to two years or a criminal fine of up to JPY 3 million for natural persons; and
  • a criminal fine of up to JPY 300 million for legal persons.

For more information about this answer please contact: Ryoichi Kaneko from Anderson Mori & Tomotsune
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Merger Control