- Europe
- Competition Law / International Trade
Understanding the Differences and Potential Overlaps: When Is It Antitrust, and When Is It Trade Law?
Traditionally, EU competition and trade law have been treated as distinct legal disciplines. However, market openness combined with recent geopolitical developments and growing regulatory and enforcement activities by the European Commission (“Commission”), have increasingly blurred the lines between competition and trade law. A prime example of this convergence is the EU Foreign Subsidies Regulation (“FSR”), principally displaying a “cherry-picking approach”. It merges principles from both legal regimes, mixing terminology and standards typically seen as exclusive to either competition or trade law. The ”mingling” of trade and competition law is also further exemplified by the EU’s newest policies such as the economic security strategy and the competitiveness compass, clearly stating that from now on trade and competition law no longer form “separate silos”....To read the full article, please see the PDF file
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Competition Law / International Trade & Europe Newsletter
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Kojiro Fujii specializes in the fields of competition law and international trade law. He also covers emerging areas of digital policy/regulations and public policy/regulations, such as those related to sustainability. His expertise in these areas is frequently recognized by international and domestic legal publications. Kojiro also is regularly ranked by Chambers (Band 1 International Trade, Japan and Band 2 TMT, Japan) and Who’s Who Legal (Competition). He achieved the highest ranking in the “International Trade and Economic Security” category of Nikkei’s “Most successful lawyers” (as voted by Japanese companies and peer lawyers) in 2022; he was recognized by Asian Legal Business as one of the Top 15 Technology, Media and Telecommunications Lawyers in Asia in 2023; and he was shortlisted for the FT Innovative Lawyers Awards Asia-Pacific as the Most Innovative Practitioner for his work covering those areas in 2024.
In addition to his career at N&A, he served as the deputy director of the Ministry of Economy, Trade and Industry of Japan, where he handled several important WTO disputes on behalf of the Japanese government. He also worked at a highly reputable international law firm in Washington DC, where he focused on antitrust matters.