Shinsuke Yakura is a partner in Orrick’s Tokyo office and a member of the
Complex Litigation and Dispute Resolution Group. His practice focuses on
intellectual property, antitrust, product liability, medical and pharmaceutical
disputes, employment law, including labor law related disputes, and other
commercial disputes for both domestic and foreign companies.
He actively engages in cross-border litigation and arbitration and draws on his extensive knowledge and experience from the United States, United Kingdom, China and Japan.
Shinsuke has represented companies in patent infringement litigation involving a wide range of technologies related to pharmaceuticals, computer software, electric devices and industrial machinery. He has also handled other IP-related issues such as trademark infringement (including parallel import matters), anti-counterfeiting, copyright and right to publicity. He is a qualified patent attorney (Benrishi) in Japan.
Shinsuke also counsels clients on antitrust and competition matters. He is regularly involved in mergers and acquisitions, licensing and other transactional matters, as well as litigious matters related to antitrust and competition issues.
On June 6, 2017, a committee within Japan’s Fair Trade Commission published a report on competition policy and big data. The report is based on a concern that dominance of big data by certain major technology companies could impede competition and innovation, and addresses how Japan’s Antitrust Act (Act) could be applied in this context.
A main focus of the report is how certain cases of “collection of data” and “use of data” could trigger antitrust issues. READ MORE
Although China and Japan have very different histories regarding their antitrust laws, antitrust enforcement officials from the two countries have recently taken steps to open a formal dialogue. This is a welcome development for Chinese and Japanese companies, as well as for foreign companies that do business in China and Japan, and it continues the trend of increased communication, cooperation and coordination among national enforcement agencies. There remains an open question, however, as to how convergence among Asian antitrust enforcement agencies will affect possible convergence with agencies in the United States, the European Union and the rest of the world.
Over the past decade, the Japan Fair Trade Commission (JFTC) has increased its criminal enforcement of Japan’s antitrust law, the “Act on Prohibition of Private Monopoly and Maintenance of Fair Trade,” commonly known as the Anti-Monopoly Act. This trend is likely to continue because last month Japan’s Diet amended the Code of Criminal Procedure to introduce a plea bargaining system that creates an incentive to report antitrust violations committed by others. The new plea bargaining system, which applies to crimes such as antitrust, fraud, bribery and tax evasion, will be implemented in Japan within 2 years.