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Japanese Competition Law & Policy Radar

The JFTC reviewed the proposed management integration of Hino Motors, Ltd. (“Hino”) and Mitsubishi Fuso Truck and Bus Corporation (“Fuso”), which will involve investments in ARCHION Corporation (a holding company) by Toyota Motor Corporation and Daimler Truck AG, pursuant to which Hino and Fuso would become wholly owned subsidiaries of the holding company. The JFTC accepted notification on February 10, initiated Phase I, and concluded, on the premise that the parties would implement their proposed remedies, that the transaction would not substantially restrain competition; the JFTC notified the parties it would not issue a cease-and-desist order, and published an overview. Japan’s merger control framework often places significant weight on the feasibility and enforceability of remedies. Phase I clearance with remedies typically indicates...To read the full article, please see the PDF file

Competition Law / International Trade Newsletter Download PDF [322 KB]

Authors

藤本 哲也

Joined the Ministry of Finance in 1987 after graduating from the University of Tokyo Faculty of Law. Earned MBA from the National University of Singapore Business School in 1991. At the Ministry of Finance, was involved in tax affairs and the formulation of fiscal and public financial policies at a regional tax office, the Budget Bureau, the Tax Bureau, and the Financial Bureau. Also gained broad administrative experience through assignments to the Criminal Affairs Bureau of the Ministry of Justice, the Financial Services Agency, and the Cabinet Office, as well as teaching at Chuo University Law School.
Subsequently, at the Japan Fair Trade Commission, was engaged in revising the Antimonopoly Act, establishing and revising guidelines, conducting market studies, reviewing business combinations, and investigating violations of the Subcontract Act in the Secretariat, the Economic Affairs Bureau, and the Trade Practices Department of that bureau. Also handled investigation duties for antitrust violation cases in the Investigation Bureau and a regional office. Promoted competition policy from both policy formulation and enforcement perspectives, including addressing the new issues in the digital sector. As Secretary-General, made every effort to strengthen enforcement of the Antimonopoly Act and the Subcontract Act while contributing to the enactment of the Mobile Software Competition Act and the revision of the Subcontract Act. Also focused on strengthening the administrative structure and strategic public relations. Retired in 2025 after serving as Secretary-General.

島田 まどか

Madoka advises clients on various matters of competition law, including domestic and international cartels, bid-rigging, M&A transactions, investigations by the JFTC, leniency applications and general antitrust law compliance. She is especially active in cross-border transactions. She has represented clients in connection with investigations into various global cartels, involving air cargo, marine hoses, TFT-LCDs, airlines, and bearings, and also in various merger-control cases, including a vertical integration between semiconductor equipment manufacturers, and major global merger transactions in the chemical and pharmaceutical industries. She has particular strength and experience handling IT-industry mega deals. Madoka is also active in advising in the international trade area, in particular, government procurement and export control. In addition, she advises on laws preventing unfair competition, including trade secret cases. She served as lead counsel to Nippon Steel Corporation in multinational trade secret litigation against POSCO (a South Korean steel company), a landmark case in this area, and successfully negotiated a favorable settlement for her client. She was a member of the Subcommittee on Unfair Trade Policies and Measures of the Industrial Structure Council at the Ministry of Economy, Trade and Industry from 2013 to 2023.