The Japanese FTC sees the passing of a bill that amends the Anti-Monopoly Act to enhance the magnitude of administrative fines
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes the enhancement of a surcharge (i.e., administrative fine), has passed on June 19, 2019. [1] It will be effective no later than from December 25, 2020. The surcharge (i.e., administrative fine) will likely be increased.
The bill includes amendments to (1) calculation methods for base fines and (2) applicable percentage for calculating surcharge ( i.e. , administrative fine). It also includes amendments to leniency system where the Japan Fair Trade Commission ("JFTC") will have certain discretion to award an additional discount for reduction of surcharge ( i.e. i.e., administrative fine) when a leniency applicant cooperates with the JFTC investigation. This article will focus on amendments to surcharge calculation. [2] (1)
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