Professionals

Kozo Kawai

Partner

Tokyo Office

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Contact

Mr. Kawai is a partner and a member of the executive committee of the firm. For the past twenty years, Mr. Kawai’s practice has focused on anti-trust/competition matters and international trade affairs, and he has handled large scale dispute cases and domestic and foreign regulatory investigations.

Mr. Kawai’s anti-trust/competition practice covers every area of the practice, i.e., violation cases such as cartel and unilateral conduct, merger regulations, and compliance to prevent violations of Japanese and foreign competition laws. Mr. Kawai continues to be recognized by international law journals such as Chambers, Legal 500, GCR, Who’s Who, and the Global Competition Review as one of the top practitioners in Japan in the area of competition law.

In particular, in the area of international cartel cases, Mr. Kawai has been working as a global hub for Japanese clients and coordinating the work of foreign lawyers from various jurisdictions, and as a local counsel for foreign clients before the JFTC. In the area of merger regulation, Mr. Kawai successfully represented several major Japanese industries with regard to large scale merger and acquisition transactions, such as the merger between Nippon Steel and Sumitomo Metal, the JX Group integration, the business integration between Mitsubishi Heavy Industries, Ltd. and Hitachi, Ltd. on thermal power generation systems, the business integration of Sony, Hitachi and Toshiba on medium and small size TFT-LCDs as their global counsel and coordinated the work of lawyers from many jurisdictions before many competition authorities. In particular, Mr. Kawai represented a group of Japanese steel mills as lead counsel, strongly opposing BHP Billiton’ s proposed takeover bid for Rio Tinto, which was eventually abandoned by BHP Billiton.

In the area of international trade law, Mr. Kawai is widely recognized as a pioneer of trade law practice in Japan and has advised both the private sector and governmental agencies. Mr. Kawai has been involved in most of the trade remedy investigations conducted by the Japanese authorities to date, such as those for the imposition of anti-dumping duties and subsidy countervailing duties as counsel to Japanese and foreign clients, and in some overseas trade remedy investigations to defend Japanese clients. In addition, Mr. Kawai’s practice covers export regulations and disputes arising from the WTO Government Procurement Agreement for private sectors, as well as WTO dispute settlement procedures for government agencies.

In addition to the above, Mr. Kawai has been widely recognized as a leading lawyer in Japan by the business community and has been selected by The NIKKEI as one of the "Most successful lawyers” in the last several years. In particular, Mr. Kawai has represented Nippon Steel and Sumitomo Metal as its lead counsel with respect to its multinational trade secret litigation against POSCO, and in 2015 successfully negotiated a settlement favorably to the client.

Mr. Kawai has taught competition law as a lecturer at the Tokyo Univ. Law School for 10 years from 2006, and currently sits as a member on various councils and study groups organized by governmental agencies.

Recent activities

3/2017

Best Lawyers

Awards

2/2017

Chambers Asia-Pacific 2017

Awards

1/2017

GCR100 - 17th Edition

Awards

Education

1994
Katholieke Universiteit Leuven (LL.M., EC Law, magna cum laude)
1993
Columbia University School of Law (LL.M.)
1988
Legal Training and Research Institute of the Supreme Court of Japan
1984
The University of Tokyo (LL.B.)

Professional experience

2006 - 2015
Lecturer, University of Tokyo, School of Law
2003 - 2013
Ad hoc Member of Industrial Structure Council
2002 - 2004
Ad hoc Member of Industrial Property Council
1995 - 1997
Deputy Director, Trade Agreement Administration Division, WTO Affairs, Ministry of International Trade and Industry, Tokyo
1994 - 1995
Cleary Gottlieb Steen & Hamilton LLP, Brussels
1984 - 1985
Research Associate (Joshu) of The University of Tokyo

Major Cases

2016

Dow Chemical - DuPont

2016

Merger review of transactions including the establishment of a joint sales company for containerboards by Nippon Paper Industries and Tokushu Tokai Paper

2015 - 2016

Acquisition of Tokyo Kohtetsu by Osaka Steel

2015 - 2016

Acquisition of Tokai Steel by Godo Steel

2015

GlaxoSmithKline - Novartis

2014 - 2015

Acquisition of Toll Holdings Limited by JAPAN POST Co., Ltd.

2014

Business integration between Mitsubishi-Hitachi Metals Machinery and Siemens AG in the steel and metal production machinery business

2014

KDDI Corporation - Sumitomo Corporation

2013 - 2014

Business Integration between Sumikin Bussan and Nippon Steel Trading

2013 - 2014

Joint Purchase of ThyssenKrupp Steel USA LLC by Nippon Steel & Sumitomo Metal Corporation and ArcelorMittal

2013

Business integration between Mitsubishi Heavy Industries, Ltd. and Hitachi, Ltd. on thermal power generation systems.

2013

ASML - Cymer

2013

Business integration between Mitsubishi-Hitachi Metals Machinery and IHI Metaltech

2012 - 2015

Trade secret misappropriation litigation against the Korean steelmaker, POSCO

2012 - 2013

Investment in BlueScope Steel Limited by Nippon Steel & Sumitomo Metal Corporation

2012 -

International cartel investigation into the auto shipping service sector

2011 - 2013

Merger between Nippon Steel and Sumitomo Metal

2011 - 2012

Acquisition of a railway car manufacturing company by East Japan Railway Company

2011 -

International cartel investigation in connection with the bearing industry

2010 - 2012

Medium & small size LCD business integration by Innovation Network Corporation of Japan (creation of Japan Display)

2010 - 2011

Business integration between JX Group and trading houses in the LPG business

2010

Merger between Shinwa Kaiun and Nippon Steel Shipping (creation of NS United Kaiun Kaisha)

2010 -

International cartel investigation in connection with various auto parts

2008 - 2009

Investigation in connection with water and dam gates

2008 - 2010

Opposition to the business integration of BHP Billiton and Rio Tinto

2008 - 2010

Merger between Nippon Oil Corporation and Nippon Mining Holdings (creation of JX Holdings)

2008

Investigation in connection with tunnel ventilators

2007 - 2008

International cartel investigation in connection with marine hoses

2007 - 2008

Investigation in connection with construction work on sewage pumping facilities

2007 -

International cartel investigation by forwarders in connection with surcharges on air cargo

2006 - 2010

International cartel investigation in connection with TFT-LCDs

2006 - 2007

Investigation in connection with construction work on iron bridges

2006 -

International cartel investigation into airlines in connection with rates and surcharges for cargo

2002 - 2010

JFTC investigation into monopolization with regard to the provision of "fiber to the home" services

2000 - 2009

Price-fixing cartel investigation in connection with polypropylene

1998 - 2011

Investigation in connection with construction work on garbage incinerators