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Published online by Cambridge University Press: 05 November 2014
Relevant legislation and statutory standards
Chapter 4 of the Act Concerning the Prohibition of Private Monopolisation and Maintenance of Fair Trade as amended as of 1 January 2010, commonly called the Antimonopoly Law (the AML), contains provisions for the control of mergers and acquisitions, for example Articles 9 to 18.
Those provisions can be classified into three parts. The first group consists of Articles 9 and 11, which provide for the control of the general concentration of economic power. The second group consists of Articles 10, 13, 14, 15, 15-2, 15-3 and 16, which control the specific concentration of economic power that tends substantially to restrain competition in a particular field of trade as opposed to the general concentration of economic power. Article 17 prohibits evasion of the above articles. Article 17-2 provides for remedies and Article 18 states that the Fair Trade Commission of Japan (the JFTC) may bring proceedings to nullify a merger, company split involving the business combination and joint-stock transfer involving the business combination under certain circumstances.
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