Partners

Nobuaki Mukai

Tel:03-3288-2080

e-mail:mail

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Practice Areas

  • Competition/Antitrust; Corporate/M&A; Dispute Resolution; Intellectual Property; International Transactions/Trade; White Collar Crime

History

March 1994 Graduated from The University of Tokyo, Faculty of Law (LL.B.)
April 1994 - April 1996 The Legal Training and Research Institute of the Supreme Court of Japan
April 1996 Admitted to Japanese Bar (The Dai-ichi Tokyo Bar Association)
April 1996 Momo-o, Matsuo & Namba
May 2000 Master of Laws (LL.M.) at Cornell University, Law School
September 2000 - July 2001 BINGHAM DANA LLP in Massachusetts
2001 Admitted to New York Bar
September 2001 - September 2002 KIRKLAND & ELLIS LLP in Illinois
September 2002 Momo-o, Matsuo & Namba
January 2004 Became Partner of Momo-o, Matsuo & Namba
September 30, 2009 Doctor of Business Law (Antitrust/Competition Law) Hitotsubashi University, Graduate School of International Corporate Strategy, Business Law Program
November 2009 Admitted to Japanese Patent Bar
2010 Lecturer (Antitrust/Competition Law) Hitotsubashi University, Graduate School of International Corporate Strategy
2011 Lecturer (Antitrust/Competition Law) Ritsumeikan University School of Law
October 2013 Chief Secretariat of the Antimonopoly Act Research Division of the Comprehensive Legal Study Center of the Dai-ichi Tokyo Bar Association
June 2014 Chief Secretariat of the Amendment of the Antimonopoly Act Working Group of the Japan Federation of Bar Associations
February 2016 - March 2017 Member of the Japan Fair Trade Commission (JFTC) study group on a prospective JFTC discretionary surcharge (or, fining) system

Activities

Since joining Momo-o, Matsuo & Namba in 1996, Dr. Mukai has represented both corporations and individuals in defence of international and domestic antitrust violations, both administrative and criminal, and has litigated or defended civil antitrust cases in industries such as construction, manufacturing, retail and transportation, including:

•the Freight-forwarders case;
•the Auto-parts cases;
•the Maritime transporters case; and
•the Electronic parts case.

He has also advised on numerous M&A transactions from a competition-law perspective.  Dr. Mukai has handled transactions and disputes for clients in intellectual property, including, among others, patents and copyrights.  He also advises clients on general corporate and commercial law matters. 

Publications

《English Translation of Title Only. Language of Publication is Japanese》

  • Summary of the Discussion at the Study Group of the Antimonopoly Act
    Special Feature: Confidentiality of Attorney-Client Communications: Attorney-Client Communications under Antitrust/Competition Legal Practices

    Liberty and Justice, Vol.68, No.11 (November 2017)

  • Editorial: Expectations of the Next Amendment to the Laws and Regulations of the Antimonopoly Act—Fact-Finding and the Interplay of Due Process."

    The Horitsu Jiho, Vol. 89, No.12/1118 (November 2017)

  • Interpretation of "[The Amount of Sales from] Relevant Goods or Services" under Article 7-2 of the Japan Antimonopoly Act for Bid-Rigging Cases (Tsuchiya Kigyo Case), "The Top 100 Antitrust & Competition Law Case Precedents (Court Judgments and JFTC Decisions), 2nd Edition"

    Jurist, Additional Volume, No. 234 (October 2017)

  • "Special Feature: Direction of the Kachokin System Reform―Antitrust Law Research Report: 'Round-table Discussion: The Kachokin System of Antitrust Law'"

    Jurist No. 1510, p. 20 (September 2017)

  • Points and authorities on defense practices under the JFTC's newly introduced Guidelines on Administrative Investigation Procedures under the Antimonopoly Act (December 25, 2015)

    Co-author, Dai-ichi Tokyo Bar Association, "The Forefront of the Legal Risk Management," Seibunsha (2016)

  • Japan’s Antimonopoly Act: Procedure and Practice

    Co-author, Chuokeizai-sha (2015)

  • Special Feature: Antitrust Amendment and Prospects for the Future--Various Issues regarding Judicial Review of JFTC Orders

    Jurist No. 1467 (May 2014)

  • Special Feature: The Frontline of International Cartel Regulations--Cooperation between Authorities concerning Information Exchange and Extradition, and Extraterritorial Investigations by Authorities

    Jurist No. 1462 (January 2014)

  • Antitrust Case Report--Information Exchange and Horizontal Restraints (JFTC, July 29, 2013)

    Jurist (November 2013)

  • Discussion Points regarding the Japan Fair Trade Commission Investigation System

    Liberty and Justice (November 2011)

  • Enforcement Practices under the European/U.S. Competition Laws Lessons Learned about Remedies from the Microsoft Cases

    Fair Trade No. 727, p.25 (May 2011)

  • Practical Points regarding the Abuse of Superior Bargaining Position especially in connection with the newly introduced Kachokin (Payment) Order

    Journal of Business Law (December 2010)

  • Compulsory Sales/Licensing as Antitrust Remedies

    Chuokeizai-sha (September 2010,)

  • The significance of the purpose or intention in the fact findings regarding the exclusionary monopolization

    Journal of Business Law (March 2010)

  • Points and Authorities on Calculation of Market Shares for JFTC M&A Controls especially in Food/Beverage Industry

    Journal of Business Law (December 2009)

  • Attorney Client Privilege in Antitrust Cases: U.S. Trends and an Introduction to Japan

    The Lawyers, November 2008

  • Expectation of Next Amendment of the Antimonopoly Act

    Fair Trade No. 684, p40 (October 2007)

  • EU Competition Law, Pre-Merger Notification

    Journal of Business Law (September 2007)

  • Defense Practices for Investigations and Hearings under the Newly-Amended Antimonopoly Act of 2005.

    The Lawyers (January 2007)

  • Points and Authorities on the Holding Company Management System under the Antimonopoly Act.

    Journal of Business Law (January 2007)

  • Procedures of the Japanese Antimonopoly Act

    Co-author, Chuokeizai-sha (2006)

  • Impediments to Fair Competition and Concerted Refusals to Deal (Boycotts):Kansai International Airport Newspaper Sales Antitrust Litigation

    Fair Trade No. 667 p.47 (May 2006)

  • The Nuts and Bolts of the Amendment to the Rules on Antimonopoly Administrative Investigations and Hearings by the Japan Fair Trade Commission

    Journal of Business Law (February 2006)

  • Internet Shopping Sites and International Litigation Cases

    Oriented Lawyering Practice Series, Vol. 5, Antitrust, Patent and International Transactions (2002)

  • Law and the Internet (Revised)

    Co-author, Ascii Corporation (1999)

  • Law and the Internet

    Co-author, Ascii Corporation (1997)

《English Publications》

  • Getting The Deal Through, Vertical Agreements 2010 - 2015

    Co-author, Law Business Research Ltd. (2010 - 2015)

  • Getting The Deal Through, Public Procurement 2014 - 2015

    Co-author, Law Business Research Ltd. (2014 - 2015)

  • International Public Procurement: A Guide to Best Practice

    Co-author, Globe Law and Business (2009)