Japanese antitrust law stems from the virtually verbatim adoption of
United States antitrust law during the occupation years following World War
II. However, distinctive Japanese elements have emerged with major amendments
to the original Japanese Antimonopoly Act (JAA) in 1953, 1977, and 2005, with
the result that Japanese antitrust law stands today as a uniquely important
body of legislation and case law playing a significant role in international
trade. This in-depth commentary by an internationally known practitioner and
authority in the field fully details both the substance and procedure of the
JAA, with close analyses of all the important cases that have been decided
over the years. Among the crucial factors covered are the following:
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details of the 1953, 1977, and 2005 amendments with their rationales;
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the special JAA conception of “unfair trade practice”;
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judicial interpretations of key terms in the law;
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interpretation of rules governing resale pricing and sales method restriction;
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merger regulations and guidelines;
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role of the Japanese Fair Trade Commission (JFTC); administrative procedure;
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judicial review;
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awards;
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and extraterritorial application of the JAA.
Especially valuable is a detailed sample compliance manual anticipating
applicable contingencies likely to be encountered by any firm doing business
in Japan. An appendix provides English texts of the JAA as amended, as well as
important regulatory documents. Akira Inoue’s Japanese Antitrust Law
Manual will prove indispensable to business persons and their counsel, and
of great value to students and teachers of antitrust and competition law. It
is a source to be consulted again and again, both for precise answers to
specific questions and for keen insight into the workings of this complex body
of law.
1. History and Development of the Japanese Antimonopoly Act. I.
Overview. II. Development of the Case Law under the Japanese Antimonopoly Act.
III. Transformation of “Unfair Method of Competition” into “Unfair Trade
Practice” and Later Development.
2. Substantive Rules of the Japanese Antimonopoly Act. I. Horizontal
Restraint. II. Vertical Restraint. III. Unilateral Actions. IV. Merger
Regulation. V. General Concentration Regulation. VI. Exemptions.
3. Procedure of the Japanese Antimonopoly Act. I. Administrative Procedure.
II. Merger Regulation Review Procedure. III. Criminal Procedure. IV. Civil
Procedure. V. International Enforcement.
4. Importance of Compliance Program under the Japanese Antimonopoly Act.
Sample Compliance Manual under the Japanese Antimonopoly Act.
Appendix:
Translation: Act Concerning Prohibition of Private Monopolization and
Maintenance of Fair Trade. Translation: Designation of Unfair Trade Practices.
Translation: Rules on Hearings by the Fair Trade Commission. Translation:
Rules on Administrative Investigation. Translation: Rules on Compulsory
Investigation of Criminal Cases. Translation: Rules on Reporting and
Submission of Materials Regarding Immunity from or Reduction of Surcharges.
Translation: Guidelines to Application of the Antimonopoly Act Concerning
Review of Business Combination. Index.