KKR-Bain bidding war over Japan's Fuji Soft highlights legal loophole

Lightly regulated tender offer notice creates uncertainty for shareholders

20250207N Fuji Soft

Bain Capital and KKR have put forward competing tender offers for Fuji Soft. (Source photos by Nikkei)

JUN TAMAKI and SHIKO UEDA

TOKYO -- The jockeying to acquire Fuji Soft has exposed a hole in Japanese tender offer regulations that has allowed Bain Capital to vie with fellow U.S.-based private equity firm KKR without going through the same formal review process.

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