Conference programme

Host Committee
Anderson Mori & Tomotsune
Atsumi & Sakai
Hibiya Sogo
Ikeda & Someya
Mori Hamada & Matsumoto
Nagashima Ohno & Tsunematsu
Nishimura & Asahi
TMI Associates
Yabuki Law Office

Keynote speaker
Senior official from the JFTC

In light of changes in the political landscape of many jurisdictions, enforcers will discuss recent developments and priorities for the coming year in all areas of competition law including mergers, cartels, abuse of dominance and regulation of technology platforms. We will touch upon issues such as whether regulation (emulating the EU’s Digital Markets Act) is the right direction for jurisdictions across Asia and globally; merger control enforcement in a world focussed more on industrial policy and protection from foreign competition; cooperation between regulators in Asia and worldwide; and the ways competition authorities can help create a positive framework for economic growth while protecting consumers’ interests.

This panel will explore the intricate balance between fostering collaborative efforts among competitors in sustainability and labour-related projects and adhering to competition law constraints. A key focus will be the lawfulness of information exchange between competitors in these contexts.

As businesses increasingly pursue joint sustainability initiatives to address environmental challenges, questions arise regarding the extent to which such cooperation is permissible under competition law. The panel will examine recent case studies highlighting approved sustainability projects and, on that basis, consider practical guidelines helping to ensure that sustainability partnerships and the associated exchanges of company information comply with antitrust regulations.

In the realm of human resources (HR), companies often engage in benchmarking and other cooperative activities to improve labour practices and competitiveness. The panel will discuss the competition law implications of HR benchmarking among competitors, as well as collaborations aimed at enhancing labour conditions for self-employed and gig economy workers.

Trust-busters have focused on vertical restraints that stifle competition since the very earliest days of competition enforcement. The antitrust review of vertical restraints has occupied pole position and regulators have played close attention to such arrangements. This panel will discuss the ‘hot topics’ pertaining to vertical restraints across the globe, with a focus on Asia, including online platforms and most favoured nation (MFN) clauses; vertical restraints in the online economy (including data issues); territorial restraints, in particular with an international dimension and including export restrictions; exclusivity arrangements; and developments on resale price maintenance issues.

This panel will explore how artificial intelligence (AI) is reshaping the economy and the new challenges it presents to competition authorities worldwide in terms of antitrust enforcement and compliance. Additionally, the discussion will focus on how regulators in key jurisdictions are addressing issues such as AI-driven market power, algorithmic collusion and data dominance.

Excessively high prices may be challenged as exploitative abuse of dominance or as ‘price gouging’. For example, Article 102 TFEU prohibits any abuse of a dominant position, including ‘directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions’. In some jurisdictions like Japan or Germany, the abuse of a superior bargaining position is also prohibited.

Despite these rules, agencies were traditionally reluctant to challenge companies’ pricing or trade conditions given the important role that pricing plays in stimulating entry and innovation. However, inflation and high prices as well as unfair trade terms have recently led to more enforcement in this area, especially in the pharmaceutical sector and also in the digital area. The panel will look into the most recent cases and evaluate the challenges that authorities face when enforcing exploitative abuse cases and bargaining power.

In recent years, global deals have faced an increased set of regulatory challenges. With recent changes in political leadership around the world in addition to global trade tensions, what impact will this have on enforcement and predictability? And how do companies navigate not only the myriad of national merger control rules, but also other regulatory instruments such as foreign direct investment (FDI) screening? This session will discuss these regulatory challenges and how companies should be addressing them.