The Asia-Pacific Antitrust Review 2024 (Japan Chapter)

IN SUMMARY

This article provides an overview of the merger control landscape in Japan, including information on thresholds for notifcation, safe harbours and foreignto- foreign transactions, among other topics.

DISCUSSION POINTS

• Mergers, business transfers, demergers and M&A transactions all subject to prior notifcation
• Domestic sales a decisive factor in M&A notifcation thresholds
• M&A transactions subject to standard 30-day waiting period

REFERENCED IN THIS ARTICLE

• Anti-monopoly Act
• Japan Fair Trade Commission
• Merger Rules
• Merger Guidelines

INTRODUCTION

Merger control was introduced in Japan by Act No. 54 of 1947, as amended – otherwise known as the Anti-monopoly Act (AMA)¹ – at the same time as Japan's frst competition rules. The Japan Fair Trade Commission (JFTC)² has primary jurisdiction over the enforcement of merger control under the AMA. The AMA provides two types of regulations for business combination: