Japan Legal Update Vol. 16 | July 2016

Antitrust

Partial Amendments to the "Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act"

On May 28, 2016, the Japan Fair Trade Commission announced that it had concluded its draft of the partial amendments to the "Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act" ("Distribution Guidelines"). The amendments are based on the Implementation Plan for Regulatory Reform decided by Cabinet Decision on June 30, 2015, and they revise the criteria for conduct to fall within the so-called "safe harbor" under the Distribution Guidelines.

The Distribution Guidelines describe criteria and provide examples, with respect to distribution and business practices in Japan, of conduct that prevents free and fair competition and therefore violates the Antimonopoly Act. Part I of the Distribution Guidelines relates mainly to transactions concerning producer goods and capital goods, and Part II