Article最二小判 令和6年4月19日(令和4年(受)第1266号)―株券発行前の株券発行会社の株式の譲渡を無効ではないとし、譲受人は譲渡人の株券発行会社に対する株券発行請求権を代位行使するこ{JapanCorporate/Commercial LawAnderson Mori & Tomotsune
ArticleEU Law Newsletter (December 2023)On 10 September 2023, European Commission's (EC) DG Competition made public its approach to sustainability in EU merger control from various angles including market definition, competitive...GlobalAntitrust/Competition LawAnderson Mori & Tomotsune
ArticleJapanese Foreign Exchange And Foreign Trade Act: Important Considerations For Venture Capital And Private EquityOn June 7, the amended ordinances (the "Amended Ordinances") prepared by the Japanese government to implement amendments to the Foreign Exchange and Foreign Trade ActJapanGovernment, Public SectorOrrick
ArticleJapan Blocks Foreign Acquisition On National Security Grounds, Signaling Increased ScrutinyJapan has blocked a South Korean private equity firm's acquisition of a Japanese machine tool manufacturer, marking only the second time ever the country has rejected...JapanInternational LawK&L Gates
ArticleInsights & Pointers For Successful Entry Into The Japanese MarketM&A activity in Japan has remained stable in 2021. Inbound investments into Japan, in particular, has seen steady growth despite the ongoing restrictions on cross-border trade as a result of the COVID-19 pandemic.JapanCorporate/Commercial LawAnderson Mori & Tomotsune
ArticleFrom Chance Email To Chief Counsel: Nithia DoryAn in-house legal manager at INPEX in Tokyo discusses the challenges and rewards of managing a global legal team in the oil and gas sector, navigating Japan's evolving work culture, and supporting the company's energy transition initiatives. The conversation explores how a Singapore-based lawyer found his way to Japan and built a career at the intersection of energy law and international business. JapanEnergy and Natural ResourcesHerbert Smith Freehills Kramer LLP
ArticleRecent Developments In Takeover Defense Discussions In JapanThe corporate value study group, comprising leading scholars and practitioners and orchestrated by the Ministry of Trade, Economy and Industry of Japan ("METI"), has recently issued a report on takeover defense measures (the "2008 Report"). JapanCorporate/Commercial LawJones Day
ArticleAcquisition Finance 2023The leveraged buyout market in Japan has remained active throughout the COVID-19 pandemic. Recent transactions include a number of divestitures or carve-outs by Japanese conglomerates of their assets...JapanFinance and BankingAnderson Mori & Tomotsune
ArticleA New Era For Japanese M&A? Fresh Guidelines From Key Japanese Government Agency Seek To Stimulate Corporate Value Creation Through Development Of Fair M&A MarketDraft of New Guidelines Published. On June 8, 2023, the Ministry of Economy, Trade, and Industry ("METI"), a Japanese government agency tasked with promoting economic vitality in the private sector...JapanCorporate/Commercial LawMorrison Foerster
ArticleLaw Firm Opportunities In The Japanese MarketM&A, private equity, arbitration, general commercial and patent litigation, and government investigations are all expanding with the continued globalization of Japanese industries.JapanCorporate/Commercial LawYMF Law Tokyo
ArticleEU Law Newsletter (September 2024)Within just over a year of the FSR coming into force, the EC has published a Staff Working Document ("SWD") consisting of questions and answers on certain key aspects of the FSR on 26 July 2024. European UnionAntitrust/Competition LawAnderson Mori & Tomotsune
ArticleJapan Fair Trade Commission’s New Merger Review GuidelinesOn May 31, 2004, the Fair Trade Commission of Japan (the "JFTC") published new "Guidelines on the Application of the Anti Monopoly Act to Reviewing Business Combination" (<I>Kigyo Ketsugo Shinsa ni Kansuru Dokusenkinshiho no Unyou Shishin</I>) ("New Guidelines").JapanAntitrust/Competition LawMorrison Foerster
ArticleCorporate Takeovers in Japan: Embracing "Grafting"Despite the substantial amount of lip service being paid to the revitalizing role that could be played by mergers and acquisitions, the fact is that Japan remains a significantly under-developed market for public M&A activity. Year-on-year change rates are high but M&A as well as inward FDI are miniscule compared to other major OECD nations. JapanInsolvency/Bankruptcy/Re-StructuringWhit Consulting, LLC
ArticleEU Law Newsletter - October 2024Article 102 TFEU ("Article 102") prohibits the abuse of a dominant position by undertakings that operate in the EU's Internal Market (the "Internal Market"). JapanAntitrust/Competition LawAnderson Mori & Tomotsune
ArticleJFTC Prepared To Conduct Market Testing Early To Accelerate Formal Review ProcedureMerger control was introduced in Japan by the 1947 Japanese Antimonopoly Act (AMA), together with Japan's first competition rules. JapanCorporate/Commercial LawAnderson Mori & Tomotsune
ArticleJapan Is Tightening Regulations Applicable To Foreign Direct Investment In The Information And Communications Technology SectorOn May 27, 2019, the Japanese government published amended rules[1] that aim to tighten the regulatory requirements applicable to foreign direct investment (tai nai chokusetsu toshi or FDI)JapanGovernment, Public SectorMorrison Foerster
Article2021年11月9日 日比谷中田 M&Aニュースレター Vol.19(2021年11月号)を配信しました当事務所の弁護士によるセミナー情報をご案内します。JapanCorporate/Commercial LawHibiya Nakata Law Office
ArticleOverview Of The FEFTA RegulationUntil recently, Japan had very lenient foreign investment control which allowed Foreign Investors (as defined in FEFTA (defined below) and set forth below) to invest in almost any industry...JapanGovernment, Public SectorWithers LLP
ArticleM&Aトレンドウォッチ[第5回] EUにおける外国補助金規制(FSR)近年、日本企業が外国企業を買収するクロスボーダーM&Aは増加基調にありこの傾向にはさらに拍車がかかっているため、日本企業においても&GlobalCorporate/Commercial LawAnderson Mori & Tomotsune