Yasumi Ochi

In 1985,                        graduated from Waseda University Law School (LL.B)

In 1987,                graduated from Legal Research & Training Institute

In 1987,                        admitted to bar in Japan

In 1992,         graduated from Cornell University Law School (LL.M)

From 1992 to 1993,      associated with Morrison & Forester

From 1993 to 1996,      associated with Field・Fisher・Waterhouse in London

In 1995,         visiting lecturer of London School of Economics

From 1997 to 1998,      Tokyo office of White & Case(Associate)

From 1998 to 2007,      Nishimura & Partners (Of counsel)

From 2007 to 2009,      Tokyo office of Jones Day (Of counsel)

From 2001 to 2008,      Lecturer at Waseda University Law School

From 2009 to 2013,      Professor of Law at Waseda University Law School

In 2013          obtained Ph.D. at Waseda University

From 2014 to Present   Professor of Law at Meiji University Law School (tenure obtained)

 

In 2003,         Member of Anti-monopoly law amendment committee in Japan Fair Trade Commission

From 2004 to 2007, Member of Competition Law Research Center in Japan Fair Trade Commission

In 2015,         Member of Anti-monopoly law amendment committee of Japan Federation of Economic Organization(Keidanren)

In 2010-present,  Director of CSR Comission

In 2015-present,  Board member of Business Reform Committee of Bar Association

 

Language: Japanese (native) and English

Major Writing

Books

“Japan, U.S. & EU Anti-trust Law“ published by Shouji-homu (2005)
“Commentary of Trust Law” published by Gyousei (2008)co-author
“Corporate Finance and M&A” published by Seibundo (2009)
“International Enforcement of Antimonopoly Law of Japan” by Nihon-Hyoronsha (2012)

Essays

Japan Part of “Merger Control” (Global Legal Group) (2005 & 2006)
“Merger Control and Economic Analysis” (Competition Law Research Center 2005)
“Fact-finding Proof and Evidence of Antitrust” Hanreijiho No. 2034 No.2035(2006)
“EU Competition Law Enforcement and Reform of Japanese Antitrust Enforcement Procedure“ (Kokusai Shojihomu Vol.34 No.9 & 10(2006)
“Merger Notification rule in Japan, U.S. & EU” Kokusai Shojihomu Vol.35 No.7(2007)
“Cutting Edge Issues of Merger Notification rule in Japan, U.S. & EU” Kokusai Shojihomu Vol.37 No.12(2008)
“Fact-finding Proof and Evidence of Antitrust Part II” Hanreijiho No. 2034 No.2035(2009)
“Manifest Error Rule and Substantial Evidence Rule” Kokusai Shojihomu Vol.37 No.3 (2009)
“Antitrust Enforcement Procedure and its Reform” Kokusai Shojihomu Vol.37 No.4 (2009)
“Rights Plan and Bull-dock-Source case” Hanrei-jiho No.2059 (2010)
“Administrative Inspection and Obstruction of Justice” Kokusai Shojihomu Vol.38 No.2 (2010)
“Draft Proposal of Antitrust Enforcement Procedure Reform” Kokusai Shojihomu Vol.38 No.4 (2010)
“What is Quasi Judicial-Meaning of Quasi Judicial Procedure, Quasi Judicial Body” Antitrust Academic Society Nenpo No.31 (2010)
“New Issues of Abuse of Barganig Power” Kosei-torihiki No.724 (2011)
“Inplementation Issues of Draft Proposal of Antitrust Enforcement Procedure Reform” Kosei-torihiki” No.726 (2011)
“French and German Competition Law Enforcement Procedure and Riths of Silence and Rights against self-incrimination right” No.727 (2011)
“Merger Cotrol Reform and Perspctive view” Kosei-torihiki No.729 (2011)
“Cutting Edge Issues of Merger Control and Economic Analysis” Kokusai Shojihomu Vol.39 No.5 No.6 & No.7(2011)
“Google Yahoo alliance and Anti-trust” Sokuho-hanrei-kaisetsu No.32(2011)
“Supreme court decision on margin squeezes in NTT East case” Jurist No.1422 (2011)
“Fact-finding, Proof and Evidence of Antitrust Part III” Hanreijiho No. 2094 No.2095(2011)
“Draft Proposal of New Civil Code: Paradigm shift From “caveat emptor (let the buyer beware) ” to “let the seller disclose” Waseda Law Review Vol.86 No.3(2011)NBL No.(2011)
“Appraisal Right in Japan- Recent Case Law Development and Comparison between Appraisal Right incurred by Sell-out type Transaction and the one incurred by Squeeze-out type Transaction” Waseda Law Review Vol.86 No.4(2011)
“Minority Shareholding and concept of Combination in Merger Control” Koseitorihiki No.742(2012)
“Sanction against Economic Crime” Kokusai-Shojihomu Vol.40 No.5 No.6 (2012)
“Necessity of bargaining in Economic Crime” Kokusai-Shojihomu Vol.40 No.8 No.9 (2012)
“Will Tama-Dango decision become Socony-Vacuum?“Hanreijiho No. 2170(2013)
“Iwate Bid Rigging-First case which took objection procedure against Tribunal decision” Jurist No.1459(2013)
“Causation in antitrust” Negisi-memorial Essays(2013)
“Auto-parts issues in Japan-U.S.-EU anti-trust” Kokusai-Shojihomu Vol.41 No.10 No.11 (2013)
“Excessive use of Benronshugi in Jasrac tribunal decision” Toga-memorial Essays(2014)
“Critical Analysis of Expansion of Iriai-Right(habitually created easement)” Taytama-memorial Essays(2014)
“Motorola decision, AUO criminal decision and international enforcement of antitrust” Koseitorihiki No.774(2015)
“Collection of Evidence in antitrust cases-Goyo decision, Intel decision, Sumitomo denko decision and Jasrac decision-” Hanreijiho No. 2242(2015)
“International enforcement of antitrust based on implementation theory”Jurist(2016)

“Proof and Procedural Fairness of Antitrust and Economic Crime” by Seibundo (20113) (ph.D obtained)

Practice Area

Antitrust, Corporate Law, M&A, Finance, Real Estate, Intellectual Property

Antitrust Practice

In 2013, I obtained landmark decision regarding the collecting society (JASRAC)’s abuse of dominant position by representing a new entrant in this market. The case was developed as follows. JFTC issued the order to annul JASRAC’s current comprehensive collecting agreements with broadcasting companies. But this order was annulled by administrative law judge. The new entrant sought for annulment of this administrative law judge’s decision. This is the first case that a third party sought for annulment of the administrative law judge’s decision. Tokyo High court issued the revolutionary decision of annulment of the administrative law judge’s decision.

I advised Toshiba regarding Intel’ s unfair pricing practice excluding AMD, This antitrust case in Japan trigger EU investigation and cause European Commission to impose the highest fine of 1 billion Euro in EU antitrust cases.

I advised Yamato Corporation regarding Nihon Yusei’ Kousha’s unfair pricing in the area of post excluding Yamato and other competitors.

I advised various Japanese companies(including Toshiba, Panasonic, Orix) and foreign companies including private funds regarding Merger control practice in Japan and merger filing.

I advised Mitsubishi Electric regarding Qualcomm’s licensing arrangement (No assertion clause).

I am involved in various international cartel cases including Marine horse cartel, Dram cartel case, international air cargo case.

I advised JFTC regarding recent amendments of Merger control procedure, antitrust enforcement procedure,

Major Transaction Experience

Structured finance, Securitization, Corporate Law M&A, Antitrust Law、Intellectual Property Law

Nippon Lease, a major leasing company’s corporate revitalization case. We advised GMAC, the sponsor of Nippon Lease and successfully let GMAC acquire the major distressed real estate.

Toho Life’s corporate revitalization case. We advised trustee and successfully transferred Toho Life’s insurance agreements to GE

Aoba Life’s corporate revitalization case. We advised trustee and successfully transferred Aoba’s insurance agreements to Artemis

We advised Japanese leading news agency (Kyodo Tushin) in order to sell Kyodo Markets, a subsidiary of Kyodo Tushin to Quickmoneyline.

Securitization of various real properties related receivables (CMBS)

Development and Acquisition of hotels, including Accor, a major French hotel group’s development of Thalassotherapy hotel in Shima

I advised Boubyan Bank, a leading Kuwait bank for them to purchase real estate by Islamic finance. This is the first Islamic finance transaction in Japan.

I advised Macquarie bank to invest J-REIT. This is a leading M&A case of J-REIT.