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 |
| 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) |
Publications
《English Translation of Title Only. Language of Publication is Japanese》
- 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 Takaishi, Takashi Kobayashi, Motomu Wake
- Publisher
- Chuokeizai-sha
- Publication date
- March 2018
Publications
Compulsory Sales/Licensing as Antitrust Remedies
News
Nobuaki Mukai, Takashi Kobayashi and Sho Tanaka authored the Japan section in “Lexology Panoramic (formerly Getting the Deal Through): Vertical Agreements 2024,” published by Law Business Research Ltd.
Momo-o, Matsuo & Namba and the following attorneys have been ranked in "Chambers Asia-Pacific 2024" by Chambers & Partners:
Competition/Antitrust (Japan): Nobuaki Mukai
Dispute Resolution: Domestic (Japan): Junya Naito and Tsuyoshi Suzuki
Momo-o, Matsuo & Namba and its attorneys have been recognized in the following practice areas by "Who's Who Legal 2023" published by Lexology:
Arbitration
Junya Naito (Japan and Global: Recommended)
Tsuyoshi Suzuki (Japan: Recommended and Global Arbitration Future Leader)
Business Crime Defense & Investigations
Rin Moriguchi (Japan: Recommended)
Commercial Mediation
Junya Naito (Japan and Global: Recommended)
Competition
Nobuaki Mukai (Japan and Global: Recommended)
Government Contracts
Nobuaki Mukai (Japan: Recommended)
Momo-o, Matsuo & Namba has been recognized by asialaw 2023 in the practice areas of Dispute Resolution and Restructuring and Insolvency. Junya Naito is ranked as a Notable Practitioner in the field of Dispute Resolution and Nobuaki Mukai is ranked as a Distinguished Practitioner in the field of Competition/Antitrust.
Nobuaki Mukai was interviewed by MLEX about “The status of notifications regarding business combinations and the results of reviews of major business combinations in fiscal year 2022” published by the Japan Fair Trade Commission on June 28, 2023. Dr. Mukai’s comments were published on July 10, 2023 by MLEX in “Comment: Merger samples show Japanese regulator's detailed analyses, interest in internal documents.”