The JFTC has announced that it is considering an amendment to the provisions of the Antimonopoly Act that would require prior notification of certain business combinations including qualifying mergers and stock acquisitions. Under the current Antimonopoly Act, an entity that holds above a certain ratio of stock of another entity must notify the JFTC regarding its stockholding. Unlike its European and US counterparts, however, such notification need not precede the transaction’s consummation.
The Secretary-General of the JFTC commented that although the JFTC does not intend to form a commission to analyze the issue, it plans to solicit recommendations from the private sector. Once it has reached a tentative conclusion, the JFTC will request comments from the general public.