Partner

Nobuaki Mukai

Practice Areas

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

Since joining Momo-o, Matsuo & Namba in 1996, Dr. Mukai has, from a competition-law perspective, advised on numerous business alliance projects and M&A transactions; strategic business planning including strategic IP policy making and branding or distribution policy planning; and the introduction/implementation of corporate group compliance programs. He has also handled internal investigations for clients on antitrust/competition law, 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, e.g., the Freight-forwarders case; the Auto-parts cases; the Maritime transporters case; and the Electronic parts case.

Dr. Mukai is also a patent attorney and has handled transactions and disputes for clients involving intellectual property, including, among others, patents and copyrights. He also advises clients on general corporate and commercial law matters. Dr. Mukai’s recent recognitions include Chambers Asia Pacific for Competition/Antitrust, The Best Lawyers in Japan for Antitrust/Competition and Who’s Who Legal for Competition.

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
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 - 2018 Lecturer (Antitrust/Competition Law)
Hitotsubashi University, Graduate School of International Corporate Strategy, Business Law Program
2011 - Present 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 - July 2020 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
July 2019 - Present Executive Board Member and Secretary General of the Japan Competition Law Forum
September 2020 - Present Vice Chairman of the Commercial Economy Subcommittee, the Judicial System Research Committee, the Japan Federation of Bar Associations (with responsibility for Antitrust Law issues)
April 2022 - March 2024 Professor from Practice (Antitrust/Competition Law)
Hitotsubashi University, Graduate School of Law
April 2024 - Present Chairperson of the Comprehensive Legal Study Center of the Dai-ichi Tokyo Bar Association
April 2024 - Present Visiting Professor (Antitrust/Competition Law)
Hitotsubashi University, Graduate School of Law

Publications

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

  • Elimination of Competitors through Joint Refusal to License (Patent Pool Case on "Pachinko Machines"), “The Top 100 Antitrust & Competition Law Case Precedents (Court Judgments and JFTC Decisions), 3rd Edition” (August 2024) (Jurist, Extra Issue, No. 268).
  • Japan's Antimonopoly Act: Procedure and Practice
    Co-author, Chuokeizai-sha (June 2023)
  • Serialization, "The Key Evidence of Antitrust Violation #14: Toys‘R’Us Case"
    Japan Business Law Review, Vol. 21, No. 4, p. 72 (April 2021)
  • "Special Feature: Background History and Outline of the Antimonopoly Act Amendment—New Systems of Administrative Fine ("Kachokin") and Leniency Program, and Confidentiality of Attorney-Client Communications."
    Co-author, Liberty and Justice, Vol. 72, No. 2 (February 2021)
  • Serialization, "The Key Evidence of Antitrust Violation #13: Qualcomm Case"
    Japan Business Law Review, Vol. 21, No. 3, p. 116 (March 2021)
  • Serialization, "The Key Evidence of Antitrust Violation #12: JASRAC Case"
    Japan Business Law Review, Vol. 21, No. 2, p. 151 (February 2021)
  • Serialization, "The Key Evidence of Antitrust Violation #11: NTT East Case"
    Japan Business Law Review, Vol. 21, No. 1, p. 147 (January 2021)
  • "Practice Commentary: Importance of Initial Phase of Internal Investigation in the Revelation of a New Misconduct and Practical Issues Therein (2/2)"
    Co-author, Japan Business Law Review, Vol. 20, No. 12, p. 153 (December 2020)
  • "Practice Commentary: Importance of Initial Phase of Internal Investigation in the Revelation of a New Misconduct and Practical Issues Therein (1/2)"
    Co-author, Japan Business Law Review, Vol. 20, No. 11, p. 133 (November 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #10: Daiichikosho Case"
    Japan Business Law Review, Vol. 20, No. 11, p. 139 (November 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #9: Vocalized Ringtone ("Chaku Uta") Case"
    Japan Business Law Review, Vol. 20, No. 10, p. 147 (October 2020)
  • "Key Considerations for Lawyers and Companies in Preparation for the Upcoming Implementation of the Act for Amendment of the Antimonopoly Act"
    Fair Trade, No. 839, p. 31 (September 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #8: Sony Computer Entertainment Case"
    Japan Business Law Review, Vol. 20, No. 9, p. 142 (September 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #7: Tsuchiya Kigyo Case"
    Japan Business Law Review, Vol. 20, No. 8, p. 140 (August 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #6: Tama Area (Western Tokyo) Bid-rigging Case"
    Japan Business Law Review, Vol. 20, No. 6, p. 139 (June 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #5: LCD Module Case for Nintendo DS Products"
    Japan Business Law Review, Vol. 20, No. 5, p. 115 (May 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #4: Modifier Case"
    Japan Business Law Review, Vol. 20, No. 4, p. 144 (April 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #3: Seed Supplier Case"
    Japan Business Law Review, Vol. 20, No. 3, p. 131 (March 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #2: Ando Zou-en Doboku [Landscape Civil Engineering] Case"
    Japan Business Law Review, Vol. 20, No. 2, p. 108 (February 2020)
  • Serialization, "The Key Evidence of Antitrust Violation #1: Toshiba Chemical Case"
    Japan Business Law Review, Vol. 20, No. 1, p. 105 (January 2020)
  • "Special Feature: The Antitrust Amendment in the First Year of Reiwa―Review of the Surcharge System: 'Round-table Discussion: The Antitrust Amendment in the First Year of Reiwa.'"
    Fair Trade, No. 828, p. 4 (October 2019)
  • "Frontier of Antitrust Law: Practical Issues Confronting Japan"
    Co-author, Shojihomu (January 2019)
  • The Antimonopoly Act and Private Enforcement of Actions for Damages and for Injunction (Masahiro Murakami, Supervising Editor)
    Co-Chief-Editor, Chuokeizai-sha (March 2018)
  • 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 (September 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
    Japan Business Law Review (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
    Japan Business Law Review (March 2010)
  • Points and Authorities on Calculation of Market Shares for JFTC M&A Controls especially in Food/Beverage Industry
    Japan Business Law Review (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
    Japan Business Law Review (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.
    Japan Business Law Review (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
    Japan Business Law Review (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》

  • Panoramic/Getting the Deal Through, Vertical Agreements
    Co-author, Law Business Research Ltd. (2010 - present)
  • The Settlements Guide – First Edition (Japan Chapter)
    Co-author, Global Competition Review (2021)
  • Getting The Deal Through, Public Procurement
    Co-author, Law Business Research Ltd. (2014 - 2015)
  • International Public Procurement: A Guide to Best Practice
    Co-author, Globe Law and Business (2009)

Publications

The Antimonopoly Act and Private Enforcement of Actions for Damages and for Injunction

Supervising Editor
Masahiro Murakami
Co-Chief-Editors
Nobuaki Mukai, Yusuke Nakano, Hideki Utsunomiya
Yasuo Daito, Kenji Akiha, Kentaro Hirayama, Shunsuke Yabuuchi
Contributor
Naoki TakaishiTakashi KobayashiMotomu Wake
Publisher
Chuokeizai-sha
Publication date
March 2018

Publications

Compulsory Sales/Licensing as Antitrust Remedies

Author
Nobuaki Mukai
Publisher
Chuokeizai-sha
Publication date
September 2010

News

Publications

Nobuaki Mukai, Nobuo Sugimoto and Takashi Kobayashi authored the Japan chapter in Interlaw’s “A Global Guide to Competition Law: Merger Control” (2024).  Momo-o, Matsuo & Namba is the sole Japan member of Interlaw, the elite-ranked international network of full-service independent law firms.

Publications

Nobuaki Mukai has co-authored “The Top 100 Antitrust & Competition Law Case Precedents (Court Judgments and JFTC Decisions), 3rd Edition” (August 2024) (Jurist, Extra Issue, No. 268) and authored a section therein entitled Elimination of Competitors through Joint Refusal to License (Patent Pool Case on "Pachinko Machines").

Awards

Nobuaki Mukai has been selected by Who’s Who Legal as a global top practitioner in WWL: Competition 2024 which is run in partnership with Global Competition Review (GCR).

Awards

The following Momo-o, Matsuo & Namba attorneys have been selected for inclusion in the 2025 Edition of The Best Lawyers in Japan, the highly regarded peer-review legal publication by Best Lawyers:

"Antitrust/Competition Law" Nobuaki Mukai
"Arbitration and Mediation" Junya Naito
"Corporate and Mergers and Acquisitions Law" Makoto Matsuo, Shuichi Namba and Junya Naito
"Corporate Governance and Compliance Practice" Yohei Yamada
"Insolvency and Reorganization Law" Shigeaki Momo-o and Junya Naito
"International Arbitration" Junya Naito and Tsuyoshi Suzuki
"Litigation" Junya Naito
"Private Equity, Private Funds and Venture Capital Law" Shuichi Namba