The Japanese Competition Authority seeks public comments on proposed guidelines for enterprises aimed at realizing a greener society under the Antimonopoly Act

On January 13, 2023, Japan Fair Trade Commission ("JFTC") proposed a draft of "Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society under the Antimonopoly Act" ("Draft Guidelines"). [1] The due date for the public comments is 6pm on Monday, February 13, 2023 Japan time. [2] The Draft Guidelines target not only the concept of joint activities, but also vertical relationships (e.g., abuse of superior bargaining position) and mergers. The efforts to address climate change issues need to be strengthened in the world. In Japan, Article 2-2 of the Act on Promotion of Global Warming Countermeasures (Act No. 117 of 1998, as amended, "PGWC") [3] calls for the realisation of a de-carbonised society [4] by 2050. Accordingly, the Government of Japan