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  • Client Update: LNG destination clauses under scrutiny by Japanese competition regulator

    7 September 2016

    Part of the Japanese Ministry of Economy, Trade and Industry's strategy for LNG market development, which aims to achieve stability in LNG supply and lower prices, is to 'abolish or relax' destination clauses with the view that this would lead to lower prices through increased reselling and arbitrage selling. Japan's Fair Trade Commission has since launched an investigation into whether destination clauses impede fair competition and contravene Japanese competition law. Certain types of destination restrictions have long been held to infringe EU competition law. Partner Ted Hill, Managing Associate Robert Walker and Associate Sophie Matthiesson consider the implications of this investigation in light of the approach taken in the EU.

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  • Report: Further changes to Australia's foreign investment laws: Impact on inventment by Japanese investors in critical government infrastructure assets.

    11 April 2016

    In late 2015, new foreign investment laws came into operation in Australia which impacted upon investment by Japanese companies and individuals into Australia. The Australian Government has recently introduced further reforms which affect the ability of foreign private investors to invest in critical government infrastructure assets in Australia. These changes are expected to have a material effect on investment by Japanese companies in infrastructure such as electricity generation facilities, railway infrastructure, ports and airports, given any such investment will now be subject to review under Australia's foreign investment laws.

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  • Report: Australia's new foreign investment laws: Impact on Japanese investors in the Australian resources sector

    21 December 2015

    Under the recent re-write of Australia’s foreign investment laws, preferential exclusions and thresholds have been granted to investors from Japan due to the Economic Partnership Agreement signed between Australia and Japan in 2014. It is important for Japanese investors in the Australian resources sector to be aware of these preferential arrangements, as they impact on the types of investment which require approval under, or which may otherwise be affected by, Australia’s foreign investment laws. Our Japan Group examines how the new laws will impact on Japanese investors.

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  • Client Update: Implementing Australia's free trade commitments with Japan, Korea and Chile

    6 November 2014

    The Commonwealth has recently made regulation to implement Australia's commitments under its free trade agreements with Japan, Korea and Chile which will ease certain foreign investment review and life insurance business regulations for investors from those countries. Japan Sector Leader and Partner Tim Lester, Managing Associate Emin Altiparmak and Lawyer Tristan Kelly report.

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  • Focus: Japan and Australia – a new era of opportunity

    11 July 2014

    This week's historic visit to Australia by the Japanese Prime Minister, Shinzo Abe, has been widely lauded as the beginning of a new era in the relationship between the two countries. Japan Sector Leader and Partner Tim Lester and Senior Associate Penny Alexander report on the opportunities this new 'special relationship' will bring for both Australia and Japan.

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  • Focus: The Japan-Australia Economic Partnership Agreement

    15 April 2014

    Australia and Japan have recently concluded negotiations on an economic agreement which will reduce tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. Partner Peter O'Donahoo, Senior Associate Hilary Birks and Lawyer Anna McMahon report

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