Professional Summary
Hiroaki Nagahashi is a member of the Firm’s Antitrust & Competition Law group, Corporate/M&A group and Dispute Resolution group in Tokyo. He is very experienced in the areas of M&A, competition law (including the Antimonopoly Act, among others), consumer protection law (including the False Labeling Prevention Act, Food Labeling Act and other advertising & labeling regulations), domestic and international litigation and general corporate law. Hiroaki has been admitted to practice law in Japan and New York and is certified as a Food Labeling Consultant in Japan by the Food Labeling Testing Institute.
Practice Focus
Hiroaki helps advise clients on matters related to unreasonable restraint of trade (eg, leniency applications) and merger control (eg, filings related to and assessment of anti-competitive effects). He also advises clients on day-to-day legal issues, including private monopolization and unfair trade practice matters, and assists them in establishing competition law compliance programs. Hiroaki is also well-versed in advertising and labeling regulations, subcontracting regulations and competition laws in the US, EU and other Asian countries. He also handles a variety of domestic and international litigation, M&A and insolvency matters.
Representative Clients, Cases or Matters
- Conducted internal investigations and advised domestic and international clients across a range of industries (eg, food, automotive, tourism, insurance, cosmetics and e-commerce) on proper advertising and labeling of products and services, and assisted client responses to threatened investigations by regulators.
- Advised clients in relation to matters such as Japanese and international mergers and acquisitions concerning anti-monopoly law.
- Advised clients on cartel-related matters and represented clients in applications for leniency under the anti-monopoly law.
- Advised clients concerning private monopolization and unfair trade practices under the anti-monopoly law.
- Represented clients in various types of litigation relating to anti-trust violations or resulting from controversial advertising or marketing methods and in securities trading-related class action lawsuits for damages.
- Represented clients in corporate restructuring and bankruptcy proceedings.
Publications, Presentations and Articles
Publications and Articles
- Author, “Legal Risks and Practical Notes for Food Labeling Compliance: Legal Practices and Enforcement Trends under the Food Labeling Law, Misrepresentation Prevention Law, etc.,” Fair Trade, Vol. 823, No. 5 (2019), Fair Trade Institute
- Author, “Proactive US Class Action Strategy and Preventative Measures: Representation and Advertising,” Business Law Journal, Vol. 122, No. 5 (2018), LexisNexis
- Author, “Cross-sectional Analysis of the Food Labeling Law and the Misrepresentation Prevention Law: Recent Court Ruling on Misleading Labelling for Blended Tea Products and the Latest Amendment to the Food Labelling Standards on the Geographical Origin of Ingredients,” Fair Trade, Vol. 804, No. 10 (2017), Fair Trade Institute
- Author, “Recent Competition Law and Policy Developments in ASEAN Member States with Practical Notes,” Fair Trade, Vol. 796, No. 2 (2017), Fair Trade Institute
- Author, “Enforcement of Singaporean Competition Law and Its Compliance Implications: Bearing Cartel Case Involving Japanese Companies (1) (2),” International Business Law and Practice, Vol. 43, No. 5 and 6
- Co-author, “Global Guide to Competition Litigation,” 2015 Edition, Baker & McKenzie, May 2015
- Author, “Global Competition Policy and the Role of Antitrust Lawyers in Global Society,” Fair Trade, Vol. 769, No. 11 (2014), Fair Trade Institute
- Author, “Current Enforcement Status and Emerging Legal Risks Related to the Singaporean Competition Law,” Fair Trade, Vol. 762, No. 4 (2014), Fair Trade Institute
- Co-author, “Investment in Asia and Compliance Strategy: Three Stage Analysis,” Chuokeizai-sha, January 2014
- Co-author, “Global Guide to Competition Litigation,” 2012 Edition, Baker & McKenzie, September 2012
- Author, “Overview and Significant Legal Issues under the Malaysian Competition Act,” Fair Trade, Vol. 739, No. 5 (2012), Fair Trade Institute
- Co-author, “World Legal & Business Guide No. 11: Malaysia,” Business Law Journal, LexisNexis, February 2012
- Co-author, “Legal and Tax Practices on Conducting Business in Asia: from Start-up to Expansion and Withdrawal,” Chuokeizai-sha, August 2011, Language: Japanese
- Co-author, “Global Merger Control Manual,” 9th Edition, Cameron May, 2011
- Co-author, “Japan Business Law Guide,” CCH Japan, 2010
Presentations
- Presenter, “Food Labeling Legal Risks and Compliance: Legal Practices and Enforcement Trends in Domestic and Foreign Food Labeling Regulations,” Financial Management Forums, Inc., April 2019
- Presenter, “Practical Notes on Preventing Food Labeling Legal Issues,” Food Labeling Forums, February 2019
- Presenter, “Food Labeling Legal Practices and Compliance: Enforcement Trends under the Food Labeling Law, Misrepresentation Prevention Law, etc.,” Fair Trade Institute, February 2019
- Presenter, “Overview of Competition Law in Emerging Countries,” Fair Trade Institute, December 2018, February and March 2019
- Presenter, “Increasing Competition Law Risk in Southeast Asia and Appropriate Compliance Programs,” Financial Management Forums, Inc., December 2015
- Presenter, “Surcharge System Implementation and Amendment of the Act against Unjustifiable Premiums and Misleading Representations: Managing Increased Legal Risk,” Financial Management Forums, Inc., March 2015
- Presenter, “Controlling Competition Law Risks in Southeast Asia,” FN Holdings Co., Ltd., February 2015
- Presenter, “Current Competition Law Enforcement Status in Singapore: The Bearing Cartel Case,” Fair Trade Institute, December 2014
- Presenter, “How to Control Increasing Competition Law Risks in Southeast Asia: Actual Enforcement Precedents,” Nagano Employers’ Association, June 2013
- Presenter, “Business Expansion Risks in Southeast Asia: How to Combat Increasingly Strict Antitrust Regimes,” Financial Management Forums, Inc., November 2012
- Presenter, “Overview and Current Competition Law Enforcement Status in Southeast Asia: Notable Risks and Appropriate Compliance Programs for Starting and Developing Local Business Operations under the Competition Laws of Singapore, Vietnam, Indonesia, etc.,” Financial Management Forums Inc., March 2012
- Presenter, “Competition Law in Southeast Asia: Current Enforcement Status in Singapore, Vietnam and Indonesia and Overview of Newly-implemented Malaysian Competition Act,” Japanese Institute of International Business Law, March 2012
- Presenter, “Overview and Current Enforcement Status of Competition Law in Southeast Asia with a focus on Singapore, Vietnam and Indonesia, ” Fair Trade Institute, October 2011
Admissions
New York~United States (2015)
Japan (2007)
Professional Association and Memberships
- Tokyo Bar Association – Member
- Japan Competition Law Forum – Member
- American Bar Association – Member, ABA Section of Antitrust Law
- American Bar Association – Member, Advertising Disputes and Litigation and Consumer Protection committees
Education
Fordham University School of Law (LLM) (2014)
Chuo University (LLB) (2006)
Languages
English
Japanese