Comparative Guides

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4. Results: Answers
Merger Control
Trends and predictions
How would you describe the current merger control landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Answer ... According to the latest data published by the Japan Fair Trade Commission (JFTC), a total of 321 filings were made in fiscal year 2018 (April 2018 to March 2019). Of those cases, 315 cases were cleared in Phase 1 (four cases were withdrawn by the notifying parties in Phase 1) and two cases were reviewed in Phase 2.

As regards foreign-to-foreign transactions, 34 cases were filed during the fiscal year 2018.

A new commitment procedure entered into force on 30 December 2018. With respect to merger control, where the JFTC finds that a proposed transaction would substantially restrain competition in a particular field of trade, the JFTC can now send a notice to the parties to the transaction inviting them to submit proposed commitments. The parties have 60 days from receipt of the notice in which to submit commitments. If the JFTC finds that the proposed commitments are sufficient to eliminate the JFTC’s concerns and expects they will be implemented, it shall issue a conditional clearance decision.

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