On 29 November 2023, the Cabinet Secretariat of Japan and the Japan Fair Trade Commission jointly issued the Guidelines Concerning Price Negotiation for Appropriate Shifting of Labor Costs (“the Guidelines”). Rapid price inflation has made it particularly important to create a business environment in which small and medium-sized companies can secure resources for wage increases. The Japanese government has been working on price-shifting measures and established the Guidelines as one of its efforts to improve the business environment.

Baker McKenzie was invited to serve as the global editor of the Chambers Advertising & Marketing 2022 Practice Guide which features 8 high-profile jurisdictions and provides the latest legal information on the impact of the COVID-19 pandemic, advertising claims and clinical studies, comparative advertising, social/digital media, influencer campaigns, consumer promotions, sports betting/gambling, and cryptocurrency and non-fungible tokens.

On 28 January 2022, the Japan Fair Trade Commission published a report warning that setting offering prices for startup companies without sufficient explanation or reasonable grounds may give rise to concerns under the Japanese Anti-Monopoly Act. Given the authority’s close scrutiny of such transactions, securities companies involved in initial public offerings are strongly advised to review their offering price-setting processes, including whether sufficient discussions have been held with the startup companies, to ensure that they are not setting prices unilaterally.

In June 2022, amendments to the Whistleblower Protection Act, which protects employees who have reported violations of certain laws specified in the WPA, are expected to come into force. Amongst other items, the Amended WPA includes a mandatory obligation for companies of a certain size to establish a whistleblowing system with the aim of ensuring the protection of whistleblowers.

New law affecting digital markets in Japan now in effect

A new law that would require greater transparency in transactions involving digital platform operators came into force on 1 February 2021. 

The Act for Amendment of the Antimonopoly Act (“Amendment”) was enacted on 19 June 2019, and was promulgated on the 26th of the same month.

JFTC clears merger between Z Holdings Corporation and LNE Corporation

Remarkable digital platform mergers under the JFTC’s revised merger review guidelines. 

This update was published on 16 October 2020 as part of our quarterly newsletter, Asia Pacific Competition Highlights. Click here to access the full report, which covers the most notable antitrust developments across 11 Asia Pacific jurisdictions.

The Department of Justice’s view on corporate compliance took a dramatic turn with the recent announcement of a new policy by the Antitrust Division.  On July 11, 2019, the Antitrust Division declared that it will finally recognize and reward robust compliance programs whereas it previously gave little attention to corporate…