The Japanese FTC publishes new draft rules and guidelines establishing limited confidentiality protections for attorney-client in certain investigations

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Japanese FTC, Public Comments on the Draft of the Amendment of the Rules/Policy/Guidelines with the Amendment of the Antimonopoly Act, Press Release, 2 April 2020

Japan FTC Proposes New Attorney-Client Privilege Rules for Public Comment* In April 2020, Japan’s antitrust regulator, the Japan Fair Trade Commission (JFTC), issued draft rules and guidelines establishing, among other things, limited confidentiality protections for attorney-client communications in certain JFTC investigations. The JFTC seeks public comments on these drafts by May 15, 2020. Japanese law provides no protection for attorney-client communications other than requiring attorneys to maintain client confidences. This may not be a significant concern in civil litigation, because Japan does not have broad U.S.- or U.K.-style discovery requirements, but the lack of an attorney-client privilege could be a serious concern in government

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