Jurisdiction - Japan
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Japan – Fair Trade Commission Sends Advance Notice Of Fines And Cease And Desist Orders To Marine Transport Companies.

7 February, 2014

 


On Jan. 9, 2014, three marine transport companies individually announced that the Japan Fair Trade Commission (JFTC) has sent them an advance notice of a surcharge payment order and a cease and desist order, in connection with the agency’s investigation into alleged price fixing on automobile shipments from Japan to North America and Europe. The companies are Nippon Yusen Kabushiki Kaisha, Kawasaki Kisen Kaisha, Ltd. and Wallenius Wilhelmsen Logistics. The JFTC has also reportedly sent such advance notice to Nissan Motor Car Carrier Co., Ltd., although the company has not made any official announcement yet. Mitsui O.S.K. Lines, Ltd., the parent company of Nissan Motor Car Carrier Co., Ltd., also was investigated by the JFTC, but it applied for leniency and avoided receiving the advance notices. Each company will have an opportunity to respond to the notices before the JFTC officially announces its decision. The total amount of fines likely will be about 22bn JPY ($220m), which is the second-highest penalty imposed by the JFTC in a single case. Although the three companies disclosed that they received these orders, the JFTC itself has not yet issued any official announcement regarding the orders.

Orrick

 

For further information, please contact:

 

Robert A. Rosenfeld, Partner, Orrick

rrosenfeld@orrick.com


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