Lawyers

HOMELawyersNobuaki Mukai
Nobuaki Mukai
Partner Nobuaki Mukai
03-3288-2080 mukai@mmn-law.gr.jp

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
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 - 2018 Lecturer (Antitrust/Competition Law) Hitotsubashi University, Graduate School of International Corporate Strategy
2011 - 2019 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
July 2019Executive Board Member and Secretary General of the Japan Competition Law Forum

Publications

《English Translation of Title Only. Language of Publication is Japanese》
"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
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 - present
Co-author, Law Business Research Ltd. (2010 - present)
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)