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REVIEW OF US & EU COMPETITION LAW CASES

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REVIEW OF US & EU COMPETITION LAW CASES

Madoka Shimada, Shintaro Uno, Kojiro Fujii and Tomoyuki Numata co-authored a book entitled "REVIEW OF US & EU COMPETITION LAW CASES," published by Shojihomu Co., Ltd.

Authors

島田 まどか

Madoka advises clients on various matters of competition law, including domestic and international cartels, bid-rigging, M&A transactions, investigations by the JFTC, leniency applications and general antitrust law compliance. She is especially active in cross-border transactions. She has represented clients in connection with investigations into various global cartels, involving air cargo, marine hoses, TFT-LCDs, airlines, and bearings, and also in various merger-control cases, including a vertical integration between semiconductor equipment manufacturers, and major global merger transactions in the chemical and pharmaceutical industries. She has particular strength and experience handling IT-industry mega deals. Madoka is also active in advising in the international trade area, in particular, government procurement and export control. In addition, she advises on laws preventing unfair competition, including trade secret cases. She served as lead counsel to Nippon Steel Corporation in multinational trade secret litigation against POSCO (a South Korean steel company), a landmark case in this area, and successfully negotiated a favorable settlement for her client. She was a member of the Subcommittee on Unfair Trade Policies and Measures of the Industrial Structure Council at the Ministry of Economy, Trade and Industry from 2013 to 2023.

宇野 伸太郎

Shintaro is one of Japan’s leading experts on FIDIC and other construction-industry contracts. He specializes in international engineering and construction of infrastructure projects around the world, with a particular focus on Japan and Asia. He has extensive experience advising on a wide range of projects, including semiconductor plants, data centers, high-speed railways, highways, submarine cables, coal-mining process facilities, Mass Rapid Transit, high-rise buildings, lithium hydroxide plants, various types of power plants, tunnels, ports, dredging, offshore wind, and water treatment and supply facilities, with primary contracts based on the standard FIDIC contract forms (including Redbook, Yellowbook, Silverbook 1999 and 2017 version), Minkanrengo Building contract, Nikkenren Design Build and ENAA. On the contentious side, Shintaro has represented both employers and contractors in proceedings before Dispute Adjudication Boards, arbitral tribunals, and in the courts of various jurisdictions. .
Shintaro has been selected as a Leading Individual in the Construction: International category in Singapore for Chambers Asia-Pacific 2023 and 2024.
Regarding conflict and crisis management in Asia, he has handled numerous complex and difficult cases during his 13 years stationed in Southeast Asia, advising on risk analysis and response strategies based on the local situation. In particular, he has experience in handling over 60 litigation cases and criminal matters in Indonesia over the past 12 years, demonstrating his expertise in handling local disputes.

藤井 康次郎

With regard to competition laws, he advises clients on various matters of competition law for both domestic and international cases. He has represented clients with many important international cartel cases, including auto-parts, TFT-LCD, air cargo and high voltage power cables. He also handled significant merger cases in various industries, such as nuclear, security exchanges, local banks, steel and metals, food and agriculture, airlines, paper and natural resources. His practice also covers private monopolization, unilateral conduct and unfair trade practices, including vertical restraints and abuse of superior bargaining position, including platform business and internet industries. He also has been very active in the field of international trade matters. He is one of few lawyers in Japan who acted on behalf of various industries with regard to anti-dumping (AD) and counter-vailing duties (CVD) in Japan and overseas. While he served as deputy director of the Ministry of Economy, Trade and Industry of Japan, he handled several important WTO disputes on behalf of Japanese government. He continues to advice both public and private sectors with regard to various sorts of trade law matters associated with WTO, investment treaties and Regional Trade Agreements. His trade expertise also covers export controls, investment screenings, economic sanctions and customs matters.

沼田 知之

Tomoyuki Numata specializes in crisis management and competition law compliance, with a wealth of experience in cases that require understanding of IT and technology. 

As a partner in the crisis management department, he has extensive experience in dealing with cases such as window dressing, bribery of overseas civil servants, fraudulent acquisition of confidential information, violation of the Financial Instruments and Exchange Act, quality fraud in the manufacturing industry, and embezzlement by employees. In these cases, he was responsible for fact-finding and investigating the cause. He has also taken a number of strategic actions, such as dealing with government and investigative authorities (including experience of commitment agreement with the JFTC and judicial transactions), communicating with the mass media, and formulating recurrence prevention measures. 

In the field of antitrust law / competition law, he is involved in cartel / bid negotiation cases including criminal cases / administrative cases, unilateral acts cases such as private monopoly, unfair trading methods, etc. He also handles a lot of authorities’ responses. In addition, he has a wealth of experience in dealing with domestic and overseas business combination investigation by the Japan Fair Trade Commission and overseas competition authorities. 

He also provides a lot of advice on creating a legal compliance system such as anti-bribery system, competition law management system, whistleblowing system, internal audit and monitoring. In particular, he is familiar with system development utilizing advanced technologies such as machine learning, data analytics, and text mining.