Global Report On Antitrust Enforcement In The Digital Economy

I. Merger review

1. Does your jurisdiction use different notification thresholds for transactions in the traditional fields and in the digital economy? If affirmative, explain what the difference is and why.

No.

2. How does your jurisdiction deal with the situation where the target company is considered a nascent competitor or maverick innovator who does not meet the merger control thresholds (e.g., revenue, market share)? Please describe the approach (e.g., would your jurisdiction require mandatory notification or initiate a proactive investigation in the aforementioned case)?

The Japan Fair Trade Commission ("JFTC") has jurisdiction to review any mergers, irrespective of whether or not the notification threshold is met. If the JFTC becomes aware of a non-reportable transaction that it is interested in, the JFTC would try to reach out to the parties, Japanese subsidiaries of foreign parties, or lawyers who have represented the parties, and prompt the