• JFTC's Enhanced Cooperation in Enforcement with Foreign Competition Authorities
  • June 8, 2016 | Authors: Harukuni Ito; Yuichiro Mori; John C. Roebuck; Shinya Watanabe; Yuki Yoshida
  • Law Firm: Jones Day - Tokyo Office
  • The Japan Fair Trade Commission (the "JFTC") has been working to enhance cooperation in enforcement with foreign competition authorities. In 2015 and 2016, the JFTC has executed agreements on enforcement cooperation with the Australian competition authority, the Australian Competition and Consumer Commission (the "ACCC") (April 2015), and the Chinese competition authorities: the National Development and Reform Commission (October 2015) and the Ministry of Commerce (April 2016). These agreements promote enhanced cooperation in areas such as competition law systems, policies, information exchange, and reports, but they do not involve the exchange of evidence relating to individual matters under investigation or review. However, the agreement with ACCC includes provisions for consideration of sharing the information obtained regarding matters under investigation or review.

    Furthermore, in March 2016, at the regular bilateral meeting between the JFTC and the European Union ("EU") competition authority (the European Commission), the authorities agreed in principle to, and are currently negotiating, an amendment to the Cooperation Agreement signed in 2003 so that they will be able to exchange information obtained during an investigation or review.

    Based on the above, cooperation and arrangements with the Australian, Chinese, and EU competition authorities will be strengthened. The JFTC has already executed cooperation agreements with many other foreign competition authorities, and international enforcement of antitrust law is likely to be further enhanced.