Advice for Main Subcontracting Entrepreneurs and Subcontractors from a Legal Professional – In the Pursuit of an Environment where All Companies can Conduct Transactions “At Their Own Free Will” and “Without Restrictions,”

Authors: Tetsuya Nagasawa
Magazine/Book:METI Journal (April/May issue of 2017)
Publisher:Ministry of Economy, Trade and Industry
Date of publication: April, 2017

Other publications by Tetsuya Nagasawa

2019.02.01
Introduction of the Commitment Procedure under the Anti-Monopoly Law
2018.04.30
Scope of Application of the Anti-Monopoly Act in International Cartel Cases -Supreme Court Decision on the Cathode Ray Tube Case (Decision by the Supreme Court, Third Petty Bench, on December 12, 2017)
2018.04.13
Anti-Monopoly Law Issues that HR Persons Should Note – Prompted by the Study of U.S. and Japanese Competition Authorities
2018.01.09
Petition for Stay of Execution of Cease and Desist Order Concerning Unfair Trade Practices -- Tokyo District Court decision on July 31, 2017
2017.10.25
Special Dialogue:Measures for the Changing Competition Environment – Clarification of the Safety Zone
2017.10.24
100 Selected Judicial Precedents and Trial Decisions on Economic Law [The Second Edition] (Jurist Supplementary Volume)
2017.07.10
An up-close coverage on officers investigating subcontract transactions - A deeper examination into the bullying of small and medium-sized enterprises (Commentator)
2017.06.26
Platforms and the Guidelines on Distribution Systems and Business Practices
2017.05.01
Compliance under the Antimonopoly Law – Recommendation to Review Compliance from the Perspective of Its Principle
2017.04.01
Advice for Main Subcontracting Entrepreneurs and Subcontractors from a Legal Professional – In the Pursuit of an Environment where All Companies can Conduct Transactions “At Their Own Free Will” and “Without Restrictions,”
2017.01.01
The Case where the Court Dismissed the Claim of Superior Bargaining Position of the Alleged Offender Finding instead that the Counterparty Had the Superior Bargaining Position
2016.08.01
Amendment of the Guidelines Concerning Distribution Systems and Business Practices Increasing the Safe Harbor Threshold
2016.07.12
Detailed Explanation of the Investigation Procedures under the Act on Private Monopolization and Maintenance of Fair Trade
2016.03.01
Ways of Lawyers, Part 3: Independence and Creativity of Lawyers
2015.12.01
COMMENTARY AND ANALYSIS ON THE AMENDED ANTI-MONOPOLY ACT OF JAPAN 2009 (ed.) (2d ed.)
2015.12.01
Update on Issues on Abuse of Superior Bargaining Position and the Subcontract Act
2015.11.01
Review of the Draft Guidelines on Administrative Investigation Procedures under the Antimonopoly Act of Japan - from the Viewpoint of Lawyers
2015.11.01
Review of the Draft Guidelines on the Administrative Investigation Procedures under the Antimonopoly Act _ From a Lawyer’s Perspective
2015.08.21
Categorized Essentials for the Preparation of Judicial Documents: Antitrust Law Litigation
2015.08.21
Pointers for the Preparation of Litigation Documents Based on Their Types: Antitrust Litigation
2015.07.25
Exclusion Effect and Artificial Nature of Exclusionary Private Monopolization: Judgment by the Supreme Court on the JASRAC Case
2015.07.25
Effects of Exclusion and the Artificial Nature of an Exclusion-Type Private Monopoly - Supreme Court Ruling in the JASRAC Case
2015.06.18
Amendment of the Guidelines on Distribution Systems and Business Practices: Primary Considerations in the Practice
2015.02.01
The System of Imposing Penalties for Misleading Representations
2014.12.21
Surcharge System against Misleading Representations
2014.12.01
Update on Antitrust Litigation and Challenges to the Advocacy Practice
2014.11.25
Recent Trends in Antitrust Actions and Issues concerning the Defense Thereof
2014.10.07
Various Issues on the Practice concerning the Determination of an Abuse of a Superior Bargaining Position
2014.10.01
Latest Updates on Risks and Practical Measures to Cope with Cartels
2014.10.01
Practical Issues in Identifying Abuse of Superior Bargaining Position
2014.09.26
Latest Trends of Cartel Risks and Practical Measures
2014.09.22
Is China’s Cartel Regulation a ‘Threat’?
2014.09.15
Is the Cartel Regulation in China the “Threat”?
2014.07.01
SYSTEMIC ISSUES OF ANTITRUST LAW
2014.07.01
Assessment and Issues on the Operation of the Amended Subcontract Act from the Viewpoint of Lawyers
2014.07.01
TRIAL DECISIONS IN FAIR TRADE CASES SELECTED AS ESSENTIALS FOR THE PRACTICE
2014.04.01
Judgment Rescinding the Trial Decision on the JASRAC Case
2014.03.01
Corporate Legal Affairs - Collection of Antitrust Law Cases 3rd Series: Resale Price Fixing
2014.01.01
Three-way Conversation: The Cutting Edge of Cross-border Cartel Regulations
2013.11.15
PRACTICAL COMMENTARY – DEALING WITH THE ACT ON SPECIAL MEASURES OF ANTITRUST LAW REGARDING THE SHIFTING OF CONSUMPTION TAX
2013.10.01
Commentary on New Legislation – The Act on Special Measures of Antitrust Law regarding the Shifting of Consumption Tax
2013.09.30
Roles of Users and Suppliers in the Formation of Competitive Relationships
2013.08.24
Unfair Means as Competition in Sole and Unilateral Refusals to Deal
2013.07.19
An Explanation for Small-and-medium-sized Enterprises of the Antimonopoly Act and the Act against Delay in Payment of Subcontract Proceeds, etc., to Subcontractors
2013.04.01
Liability for Exclusionary Private Monopolization under Article 25 of the Antimonopoly Act of Japan (the Nipro Case)
2013.02.01
The Operation of the Subcontract Act Rising to an Evolving Stage: Considerations Learned from Recommendation Cases
2012.06.01
Three-way Conversation: Practical Issues on Abuse of Superior Bargaining Position
2012.06.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 6th Series (the last) on Abuse of Superior Bargaining Position - Judgment by the Osaka District Court dated May 25, 2010 (No. 2092 of Law Reports (Hanrei-Jiho) p. 106) on the Fujio Food System Case
2012.04.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 5th Series on Refusal to Deal - Judgment by the Supreme Court dated December 17, 2010 (No. 8, Vol. 64 of Civil Court Reports, p. 2067) on the NTT East Case
2012.02.01
Essence in Making Decisions as a Legal Staff in Anticipating a Possible Antitrust Law Civil Lawsuit
2012.02.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 4th Series on Discriminatory Price - Judgment by the Tokyo District Court dated April 27, 2005 (Vol. 52 of Decision Reports, p. 789) on “The Tokai” Case
2012.01.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 3rd Series on Exclusionary Dealings - Decision by the FAIR TRADE Commission dated June 9, 2011 (unreported in the Decision Reports) on the DeNA Case
2011.11.01
Study on a Case Ruling that a Discontinuance of an Affiliation in the Use of an ATM Does Not Constitute an Unfair Trade Practice - The Tokyo Star Bank v. Bank of Tokyo-Mitsubishi UFJ
2011.11.01
On Regulations on Abuse of Superior Bargaining Position - Taking Recent Cases as the Subject
2011.11.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 2nd Series on Dealings with Restraint Conditions - Judgment by the Supreme Court dated December 18, 1998 (Vol. 45 of Decision Reports, p. 461) on the Kao Distribution Case and the Decision by the Fair Trade Commission dated August 1, 2001 (Vol. 48 of Decision Reports, p.3) on the SCE Case
2011.10.01
Seminar on the Antitrust Law Practice Learned from the Latest Cases: 1st Series on Unfair Trade Restriction - Judgment by the Tokyo High Court dated December 10, 2010 (unreported in the Decision Reports) on the Modifiers Case
2011.08.01
COMMENTARY AND ANALYSIS ON REGULATIONS AGAINST ABUSE OF SUPERIOR BARGAINING POSITION AND THE SUBCONTRACT ACT
2010.10.01
Brief Paper on Antitrust Law Cases - A Case Questioning the Formation of an Indirect Bond among the Partners of a Joint Capital Company
2010.07.01
Legal Risks - Related to Antitrust Law and the Subcontract Act
2010.06.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (4th Series) - Misleading Representations
2010.05.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (3rd Series) - Abuse of Superior Bargaining Position and the Subcontract Act
2010.04.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (2nd Series) - Exclusionary Private Monopolization and Other Illegal Acts in Business Transactions
2010.04.01
Determination of a Price Quote for the Purchase Price (Explanatory Notes on the Recommendation for a Trial Decision dated June 9, 1992 by the Fair Trade Commission)
2010.03.01
The Existence or Non-existence of the Exclusion Effect is the Key: Pith and Marrow of Legal Competitive Activities
2010.03.01
Essence for Compliance with Antitrust Law Learned from Recent Judicial Precedents (1st Series) - Cartels and Bid Riggings
2010.03.01
Practical Measures to Cope with Regulations on Exclusionary Private Monopolization
2010.01.01
To What Extent are Price Maintenance Measures to Keep Brand Value Allowable?
2010.01.01
Private Monopolization and Unfair Trade Practice after Implementation of the System of Imposing Penalties
2009.09.15
Amendment of the Anti-Monopoly Act of Japan - Implementation of Special Provisions concerning Orders to Produce Documents in Injunction Lawsuits
2009.09.01
Exclusionary Private Monopolization
2009.08.20
COMMENTARY AND ANALYSIS ON THE AMENDED ANTI-MONOPOLY ACT OF JAPAN 2009 (ed.)
2009.06.01
Utilization of the Anti-Monopoly Act by Small-and-medium-sized Enterprises - How to Use the Anti-Monopoly Act for Victim Companies
2009.04.01
Case Granting Indemnification of Damages Due to a Tortuous Act on the Ground that Stealing Customers Subsequent to Poaching Employees Constitutes Private Monopolization - Judgment by the Tokyo District Court dated December 10, 2008
2009.01.01
Misleading Representations - Severe Punishment will be Imposed on Representations that are Both “False” and “Mistaken,”
2008.09.15
Methods to Determine Illegality of Exclusionary Private Monopolization
2008.04.01
Agenda and Outlook for the Amendment of the Antimonopoly Act - from the View of a Practicing Lawyer
2007.10.01
Considerations on the Ideal Kind of Due Process in Proceedings before the Japan Fair Trade Commission
2007.09.01
EU Competition Law: Restrictions on Trading Activities
2003.12.01
Antitrust Law System at a Crossroad - Essence of the “Written Report by the Study Group on Antitrust Law,”
2003.11.01
Patent Pool Issues under the Antitrust Law
2002.05.01
Joint Purchase Issues among Corporations under the Antitrust Law
2002.04.01
Another Turn concerning the Extraterritorial Application of U.S. Antitrust Laws - Subject Matter Jurisdiction over Claims by Users Outside the U.S. in an International Cartel
2002.03.01
Another Turn concerning the Extraterritorial Application of U.S. Antitrust Laws - Subject Matter Jurisdiction over Claims by Users Outside the U.S. in an International Cartel
2001.12.01
Joint Purchase Issues among Corporations under the Antitrust Law
2001.11.01
Joint Purchase Issues among Corporations under the Antitrust Law

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