Competition Inspections In 25 Jurisdictions - Japan Chapter

Introduction

1. The Anti-Monopoly Act of Japan (“AMA”) affords the Japan Fair Trade Commission (“JFTC”) the primary jurisdiction over competition issues (and particularly allegations of violations of the AMA that require competition inspections). The JFTC's investigation bureau always tries to collect information on potential cases through various measures, including acceptance of leniency applications, tip-offs, requests for formal investigation from victims, and so on, and picks up appropriate cases when it takes the view that the launch of a formal investigation is warranted. So as not to create any opportunity for the target companies to destroy documents or data, the JFTC's dawn raid is typically unannounced. The JFTC has the power to decide at its discretion to order on-site inspections without prior judicial authorisation, and there is no limitation to the scope of the inspection by the investigators under Article 47, paragraph 1, items 3 and 4 of the AMA.