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Akira Inoue

Dr. Akira Inoue

Partner
Baker & McKenzie (Gaikokuho Joint Enterprise)

Biography

Dr. Inoue is a partner at Baker McKenzie's Tokyo office, and has been handling cross-border antitrust cases for more than 20 years. He is highly respected for his knowledge of antitrust and competition law, giving presentations at numerous events and having authored 10 books and more than 122 articles on the subject. The government frequently seeks his opinions on competition policy and government reports often cite his articles. Dr. Inoue has been serving Japanese companies as lead defense counsel since becoming involved in the international vitamin cartel case. Most recently, he successfully secured compliance credit for only the second time in the history of antitrust practice and won a 40% fine reduction. He is further distinguished as the sole member of the steering committee of Baker McKenzie's Global Antitrust & Competition Group from the Asia Pacific region.

Dr. Inoue has been recognized as a “Leading Individual” by Chambers Asia-Pacific (2010-2024), Legal 500 (2019-2024), Who’s Who Legal (2016-2024), Thomson Reuters Stand-out Lawyer (2020-2024), Asia Business Law Journal List of Japan's Top 100 Lawyers (2020 and 2024) and Best Lawyers in Japan (2017-2022). He is recognized at the lawyer ranking published by Nikkei News Paper (2018, 2022 and 2023).

Practice Focus

Dr. Inoue’s focus is cross-border antitrust cases, especially international cartel cases. Starting with the vitamin cartel, he has represented clients in international cartel cases in a variety of industries, including the elevator, sorbic acid, DRAM, auto parts (shock absorbers, steering devices, seat belts, power steering, smart key entry systems, body seals, and halogen lamps), hydraulic device and HDD industries.

Representative Legal Matters

Illustrative International and Domestic Antitrust Experience

International and Domestic Cartel

  • Lead counsel for a Japanese auto and other industrial parts company listed on the first section of the TSE in a criminal investigation by the US DOJ and an administrative investigation by the Japan Fair Trade Commission.

  • Lead counsel for a Japanese auto parts company listed on the first section of the TSE in a criminal investigation by the US DOJ and an administrative investigation by the European Commission. Secured compliance credit and a 40% fine reduction from the US DOJ and the Southern District of Ohio, United States District Court.

  • Counsel for a Japanese construction company listed on the first section of TSE in a series of administrative investigation and hearing by JFTC with regard to a bid-rigging case.

  • Legal counsel for a Japanese auto parts company listed on the first section of the TSE in an administrative investigation and hearing conducted by the Competition Commission of India.

  • Counsel for a leading Japanese construction company in an administrative investigation and hearing by JFTC with regard to a bid-rigging case.

  • Chief coordinating counsel for a US-based, NYSE-listed chemical company in an administrative investigation and hearing by JFTC with regard to an international cartel case. Also acted for the client in a class action lawsuits in the US (in the first trial and the appeal trial).

  • Chief coordinating counsel for a US-based, NYSE-listed autoparts company in the investigation and successful plea bargaining with US DOJ with regard to an international cartel case. Also acted as lead counsel for a client in a successful submission of leniency application and administrative investigation by JFTC.

  • Lead counsel for a Japanese oil company listed in the first section of TSE in a bid-rigging case in an administrative investigation and hearing by JFTC, and the successful defense of a criminal trial at TDC.

  • Counsel for a leading Japanese shutter manufacturer listed in the first section of TSC in bid-rigging, market allocation and price fixing case in a successful leniency submission and administrative investigation by JFTC.

  • Counsel for leading elevator and lift manufacturer based in Europe in international cartel in administrative investigation by EC DG Comp and litigation at General Court.


Professional Associations and Memberships

  • Tokyo First Bar Association - Member
  • New York Bar State Association - Member
  • Competition Law Forum - Member

Admissions

  • New York~United States (2006)
  • Japan (2000)

Education

  • Chuo University (Ph.D.) (2007)
  • University of Virginia School of Law (LL.M. with distinctions) (2005)
  • The Legal Training and Research Institute of the Supreme Court of Japan (2000)
  • Chuo University Graduate School (LL.M., academic scholar) (1998)
  • Chuo University (LL.B., academic scholar) (1996)

Languages

  • English
  • Japanese

Publications

  • Author, "Direct Whisleblow to the Government – Acceleration by the Reward Program in US," Nikkei Risk Insight, June 2024
  • Author, " Business Alliance with OpenAI Illegal? – Theory Taken by the European Commission to Investigate Microsoft," Nikkei Digital Governance, June 2024
  • Author, "Recruitment with Trade Secret – both Benefits and Harms to Allow Transfer to Competitors," Nikkei Digital Governance, May 2024
  • Author, "Battle over Definition of Relevant Market – Lesson learnt by DOJ in a case between Apple and Epiq," Nikkei Digital Governance, April 2024
  • Author, "Blindspot for Microsoft – BYOL targeted by the European Commission," Nikkei Digital Governance, April 2024
  • Author, "Core of EU Competition Law Philosophy 46 Times Larger Fine by the European Commission Against Apple," Nikkei Digital Governance, March 2024