Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

   A concentration may not be implemented until thirty days after the merger notification is received by the JFTC, except where this waiting period is shortened by the JFTC. It is important to note that although the period for examining the merger may be extended, this does not have the effect of extending the length of the enforced waiting period. …

Merger notification

   A concentration may not be implemented until thirty days after the merger notification is received by the JFTC, except where this waiting period is shortened by the JFTC. It is important to note that although the period for examining the merger may be extended, this does not have the effect of extending the length of the enforced waiting period.

Like many developped countries, Japan has a two-phase merger control procedure. Phase I takes place in 30 days from the date the JFTC receives a valid notification form. Where the JFTC deems the transaction is not liable to substantially restrict competition, it will issue a clearance letter. Otherwise, the JFTC will initiate phase II proceedings, with an examination period of 120 days beginning to run on the date that the JFTC receives notification of a merger. Alternatively, if the JFTC requests additional materials after the receipt of notification, the examination period may be extended to 90 days after receipt of the additional materials; whichever period is longer will be the applicable deadline. During the examination period, the JFTC has the authority to initiate hearings or issue a prior notice of cease-and-desist order so as to allow the undertakings to submit their views. In the course of the merger procedure, third parties may be invited to make observations.

In Japan conditions and commitments are usually made or required prior to the actual notification of the concentration. Consultation with the JFTC prior to formal notification of a merger is common in Japan and in actual practice it is unusual for the JFTC to take legal action in response to merger notification, since most problems will have been detected and resolved or the merger abandoned prior to notification.

Global Competition Law

1062. Merger notification

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Les notions juridiques connexes

1062. Merger notification

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise