Japan: Fair Trade Commission adopted Policy on Commitment Procedures under the Bill on Promoting Competition Regarding Specific Software Used in Smartphones

On 29 July 2025, the Japan Fair Trade Commission (FTC) adopted the Policy on Commitment Procedures under the Act on Promoting Competition Regarding Specific Software Used in Smartphones. The Policy outlines Commitment Procedures under the Act, which are designed to enable faster resolution of competition issues than traditional legal measures and apply to suspected violations of Articles 5 through 9 of the Act. Commitment Procedures begin when the FTC has reasonable grounds to suspect a violation of the Act and determines that applying such procedures is appropriate. The FTC then notifies the suspected violator ("Subject Business") in writing of the nature of the suspected violation, the relevant provisions of the Act believed to have been breached, and requests the submission of an application for either a Remedial Measures Plan or a Compliance Assurance Plan. A Remedial Measures Plan outlines the Subject Business's proposal to eliminate the suspected violation, while a Compliance Assurance Plan details how the business intends to confirm that the violation has been eliminated. The Subject Business must submit an application for approval of its plan (hereinafter referred to as the "Approval Application") within 60 days of receiving the Commitment Notice. To expedite the process, even before a Commitment Notice is issued, a Subject Business under investigation may consult with the Commission regarding whether the conduct in question qualifies for Commitment Procedures or to express its intention to request them.