Kentaro Hirayama

Practice Areas

Kentaro Hirayama advises clients on a wide range of antitrust matters, including transactions and agency investigations. He is well known by peers and clients as "very practical and familiar with both the international and domestic practice" and "very knowledgeable on competition laws both inside and outside Japan."

He also serves as an associate professor of one of the oldest traditional national universities, and thus the Firm is able to provide advanced strategies, such as retention of renowned professors for expert opinions on cutting-edge issues, in civil antitrust litigations and the Japan FTC’s investigations. Mr Hirayama has been also a member of the government’s committees, including the Monitoring Committee on the Regulation of Big Tech (e.g. Amazon and Google) and the Study Group on the Development of Guidelines for the Licensing of Standard Essential Patents (SEPs), both set up by

the Ministry of Economy, Trade and Industry (METI).

He is especially experienced in negotiations with the regulator, the Japan FTC. His advice on strategies regarding negotiation and discussion with the Japan FTC is based on his experience as an investigator, and thus is deemed by clients and peers as practical and to the point.

Career

Kentaro HIRAYAMA was admitted to the Japanese Bar in 2002 (Daini Tokyo Bar Association). From 2007 to 2010, he served at the Japan Fair Trade Commission (Investigation Bureau / Intellectual Property Task Force), where he was involved in competition enforcement and policy relating to intellectual property. In 2010, he was seconded to the competition law group at Slaughter and May in London.

Alongside legal practice, Mr Hirayama has pursued an academic career. He has held teaching and research positions at Rikkyo University Law School, Tokyo University of Science, University of Tsukuba Law School, Hosei University, Hitotsubashi University, and Kyushu University. Since October 2022, he has been Associate Professor of Competition Law at the University of Tsukuba, Faculty of Business Sciences.

He has also served as a Visiting Researcher at the Japan Fair Trade Commission’s Competition Policy Research Center (until 2023) and has been appointed to several expert committees of the Ministry of Economy, Trade and Industry (METI), including advisory bodies on digital platform regulation, data governance, and standard essential patent (SEP) licensing.

In addition, he has contributed to the Japan Federation of Bar Associations through its working groups on competition law reform and consumer law, serves as Vice-Chair of the Economic Law Study Group of the Daini Tokyo Bar Association, and is a board member of the Licensing Executives Society Japan.

Professional Memberships

Japan Bar Association

Publications

Fair Competition and Appropriate Use of Data and Algorithms in the Digital Platform Business – Case Studies and Policy Approaches in Japan, in Competition Law, Regulation and Digital Platforms, Routledge.

Fair Competition and Appropriate Use of Data and Algorithms in the Digital Platform Business – Case Studies and Policy Approaches in Japan. Published in Competition Law, Regulation and Digital Platforms.

EU Digital Markets Act (DMA): Overview and Implications for Japan” in NBL

Proper Labels and Unfair Competition Prevention (Act against Unjustifiable Premiums and Misleading Representations)

Work Highlights

Complaints and Reports to the Japan Fair Trade Commission (JFTC)

Acting for Japanese companies that had suffered harm as a result of violations of the Antimonopoly Act, he submitted complaints to the JFTC in relation to unlawful conduct by trading partners and competitors, which led the JFTC to commence formal investigations (including dawn raids) in multiple cases.

In another matter, he acted for a Japanese company harmed by anticompetitive conduct and demanded corrective action from the counterparty. The counterparty implemented remedial measures, and the matter was reported as a front-page lead story in a national newspaper.

Tying and Conditional Transactions

He advised a Japanese company that was subject to a dawn raid in connection with alleged tying arrangements and successfully avoided the issuance of a cease-and-desist order.

Predatory Pricing

He advised a Japanese company that was subject to a dawn raid (the first investigation of its kind in approximately 30 years in a predatory pricing case) and successfully avoided the issuance of a cease-and-desist order.

Domestic Cartels

He advised companies and industry associations that were subject to dawn raids, and successfully avoided cease-and-desist orders.

He also represented a Japanese company in filing an application under the leniency programme, which led the JFTC to conduct dawn raids and commence a formal investigation.

Abuse of a Superior Bargaining Position

He advised multiple Japanese companies that were subject to dawn raids in matters involving alleged abuse of a superior bargaining position.

Misleading Representations (Act against Unjustifiable Premiums and Misleading Representations)

He advised multiple Japanese companies that were subject to corrective orders issued by the Consumer Affairs Agency, including advice on bringing actions to revoke such orders.

He also advised Japanese companies in cases involving corrective orders issued by prefectural governors, including applications for interim injunctions and actions to challenge the legality of such orders.

Responses to JFTC Market Surveys

In connection with various market surveys conducted by the JFTC in relation to platform businesses, he represented major Japanese companies and engaged in discussions with JFTC officials, submitting views on industry practices, competition-law perspectives, and appropriate survey methodologies to be reflected in the survey reports.

He has also represented major Japanese companies in similar market surveys conducted by the JFTC in the financial sector.

Internal Investigations and Independent Committees

He has served as a member of internal investigation committees for Japanese companies in relation to suspected violations of the Antimonopoly Act and prepared investigation reports.

He has conducted internal investigations into various cartel matters and filed leniency applications with the JFTC.

Civil Litigation and Injunctions in Competition Law

He has advised both claimants and defendants in numerous civil actions for injunctions and damages and applications for interim relief involving abuse of a superior bargaining position.

He has also advised both claimants and defendants in litigation and interim injunctions concerning alleged abuse of patent rights.

He has advised Japanese patent holders on competition-law issues in connection with applications to Japanese Customs to suspend the importation of infringing goods.

Merger Control

He has advised both foreign and Japanese companies on numerous Phase II (in-depth) merger reviews by the JFTC.

He has also advised, in cooperation with local counsel, on multi-jurisdictional merger notifications to competition authorities in various countries.

International Cartels

He has advised Japanese and foreign companies across a wide range of industries on responding to investigations by competition authorities in multiple jurisdictions.

He has also advised employees of Japanese companies on responding to criminal investigations by authorities in the United States and Australia, including issues relating to extradition treaties.

Languages Spoken

Japanese/English

Education

Expert in these Jurisdictions

JAPAN