Answer ... Under Article 43-2(1) of the AMA, the JFTC:
may provide any foreign authority responsible for enforcement of any foreign laws and regulations equivalent to those of this Act (a “Foreign Competition Authority”) with information that is deemed helpful and necessary for the execution performance of the Foreign Competition Authority’s duties…; provided, however, that this does not apply if the provision of said information is found likely to interfere with the proper execution of this Act or to infringe on the interests of Japan in any other way.
However, the JFTC is bound by confidentiality obligations set forth in Article 100 of the National Public Service Act and Article 39 of the AMA, and is thus unable to provide information to foreign competition authorities in violation of these articles. Further, Article 43-2(2) of the AMA sets forth the matters the JFTC must confirm when providing information to a foreign competition authority. The JFTC often cooperates with foreign authorities by exchanging information in international cartels.
Mutual agreements: Japan has entered into cooperation treaties with the United States, the European Union and Canada. Further, most economic partnership agreements that Japan has entered into have a section regarding cooperation between competition authorities. Moreover, the JFTC has entered into cooperation agreements with the competition authorities of the Philippines, Vietnam, Brazil, Korea, Australia, China, Kenya, Mongolia, Canada and Taiwan. These agreements are mainly focused on information exchange between competition authorities.
Cooperation in criminal investigations: Evidence necessary for criminal investigations will be provided to foreign authorities pursuant to the Act on International Assistance in Investigation and Other Related Matters. Japan has entered into a treaty on mutual legal assistance in criminal matters between the United States, Korea, China, Hong Kong, the European Union and Russia. In such cases, legal assistance for criminal investigation will be provided pursuant to the treaty.
Extradition of offenders: Upon request from a foreign country, on condition that there is a guarantee from the requesting country that it would honour a similar request from Japan, Japan may extradite an offender pursuant to the requirements and procedures set forth in the Act on Extradition. Japan has entered into a treaty for the extradition of offenders with the United States and Korea. There is no precedent in which the extradition of offenders in violation of the AMA has been at issue.