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

According to the Guidelines, if remedies are proposed, they should, in principle, be structural measures such as the transfer of business and should basically be able to restore effective competition. However, the JFTC admits that there may be cases where it is appropriate to take certain types of behavioral measures instead. In principle, the remedies should be completed before the implementation …

Conditions and commitments - Divestiture

According to the Guidelines, if remedies are proposed, they should, in principle, be structural measures such as the transfer of business and should basically be able to restore effective competition. However, the JFTC admits that there may be cases where it is appropriate to take certain types of behavioral measures instead. In principle, the remedies should be completed before the implementation of the transaction.

Rather than remedies, the JFTC and the notifying parties may since 30 December 2018, choose to implement the commitments procedure applicable to anticompetitive practices. This affords the JFTC a longer deadline to examine the commitments offered (60 days) than in the phase I procedure (where remedies must be assessed within the 30-day deadline).

Failure to file a required notification, submitting a written notification with a false description, executing a merger, corporate division or acquisition before the waiting period, is punishable by a fine of up to 2 million yen (EUR 13.8 million). Failure to comply with a cease-and-desist order is punishable with a fine of up to 300 million yen (EUR 2 million) for an undertaking and 2 years imprisonment or a fine of up to 3 million yen (EUR 20.727) for an individual.     

Global Competition Law

1064. Conditions and commitments - Divestiture

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Les notions juridiques connexes

1064. Conditions and commitments - Divestiture

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