JFTC Refers Bridge Construction Bid-Rigging Case to Public Prosecutors Office for Criminal Indictment

On May 23rd, the Japan Fair Trade Commission ("JFTC") requested that the Public Prosecutors Office ("PPO") initiate criminal investigations of eight leading Japanese bridge construction companies, which the JFTC believes have committed bid-rigging in bridge constructions ordered by the Ministry of Land, Infrastructure and Transport ("Ministry"). These investigations may result in criminal indictments. In addition, there are media reports that 14 individuals that work for these companies and other companies were arrested on May 26th.

This bid-rigging investigation will provide an interesting case study of the criminal investigation process for antitrust violations in Japan, as well as the potential impact of recent amendments to the Anti Monopoly Act ("AMA").