Basics of compliance with competition laws in M&A that corporate managers should keep in mind Part 3
2023/ 2/ 22
Basics of compliance with competition laws in M&A that corporate managers should keep in mind Part 1
2023/ 2/ 22
Mori Hamada & Matsumoto Foreign Law Joint Enterprise
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When a company above a certain size conducts an M&A, it may be necessary to submit a prior competition law notification to the authorities of each country.If, as a result of the examination, there is a concern about competition, the transaction itself is prohibited, measures including partial transfer of the business are required, and there is no problem in the end. Even so, there is a possibility that it will have a very large impact on the execution of the M&A, such as greatly affecting the schedule and increasing the burden of responding to the examination.Therefore, when carrying out M&A involving competition laws, it is important to conduct risk assessment after grasping the key points.In addition, in M&A that requires notification under the competition law, certain restrictions may be imposed on the exchange of information when considering transactions (so-called gun jumping rules), and arrangements for such restrictions are also important.
Therefore, this time, we will explain the points that the legal and general affairs department staff should keep in mind regarding compliance with competition laws associated with M&A, divided into three parts.The theme of the second session is "Methods for Initial Risk Assessment/Rules for Information Exchange."
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Mori Hamada & Matsumoto Foreign Law Joint Enterprise
You can download the materials from the form at the bottom of the page.
When a company above a certain size conducts an M&A, it may be necessary to submit a prior competition law notification to the authorities of each country.If, as a result of the examination, there is a concern about competition, the transaction itself is prohibited, measures including partial transfer of the business are required, and there is no problem in the end. Even so, there is a possibility that it will have a very large impact on the execution of the M&A, such as greatly affecting the schedule and increasing the burden of responding to the examination.Therefore, when carrying out M&A involving competition laws, it is important to conduct risk assessment after grasping the key points.In addition, in M&A that requires notification under the competition law, certain restrictions may be imposed on the exchange of information when considering transactions (so-called gun jumping rules), and arrangements for such restrictions are also important.
Therefore, this time, we will explain the points that the legal and general affairs department staff should keep in mind regarding compliance with competition laws associated with M&A, divided into three parts.The theme of the second session is "Methods for Initial Risk Assessment/Rules for Information Exchange."
Mori Hamada & Matsumoto Foreign Law Joint Enterprise
Senior Associate Shoki Kakimoto Lawyer
Utilizing his experience of being seconded to the Japan Fair Trade Commission, he has deep knowledge and extensive experience, including dealing with authorities, mainly regarding antitrust laws and competition laws in general.In addition, he has extensive experience in related fields such as the Subcontract Act and Act against Unjustifiable Premiums and Misleading Representations, and also provides advice in general areas related to corporate law, including M&A, and risk management.
[Handling field]
・Competition law/antitrust law
・ M & A
M&A / corporate restructuring
·crisis management
Mori Hamada & Matsumoto Law Firm has a "Firm of Choice", i.e., when clients face the most important problems, when they face the most complex problems, when they need the fastest solutions. First of all, we aim to be an office that is relied on and contacted.
Above all, from the perspective of international operations, we aim to be the No. 7 Regional Firm in Asia with seven overseas bases, and contribute to the construction of a legal infrastructure that allows domestic and overseas companies to be active globally. is our mission.
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