NERA Insight Webinar | Optimal Strategies for Antitrust Merger Regulation: Economic Analysis and Questionnaire Study

Virtual
29 September 2023
Hosted By: NERA

In the realm of corporate mergers and acquisitions (M&A), concerns over diminished market competition can prompt intervention by the Japan Fair Trade Commission (JFTC), leading to requests for adjustments or even termination of M&A activities. Under Japan's antitrust laws, if the combined market share within specific business groups significantly exceeds 50% or a particular business holds more than 50% market share, the regulatory risk escalates. However, companies have the potential to attain flexible decisions from the JFTC if they effectively communicate not only their market shares but also the actual market competition landscape. Recent M&A assessments emphasize the economic analysis with traditional surveys and hearings. The establishment of the Economic Analysis Unit in April 2022, along with released guidelines in May, mandates certain criteria in submitted data and economic analyses. While the JFTC conducts its analysis, companies are also expected to provide their own economic analyses. Nevertheless, surveys and hearings remain essential investigatory tools. Despite occasional reliance on survey results even against economic analyses, companies must critically assess their validity. Proactive involvement in JFTC processes from early stages is crucial. This seminar, grounded in our recent experiences and key merger cases, will elucidate the latest JFTC regulatory trends and assessment approaches, highlighting survey, hearing, and economic analysis characteristics. It will also provide insights for effective company responses.

Webinar Details:

Date: 29 September 2023
Time: 1:00-2:00 pm JST
Venue: Online.

Please note this webinar will be in Japanese only.

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