The Japanese FTC files then withdraws petition for an urgent injunction against dominant online retail company’s new policy after policy is changed due to COVID-19 (Rakuten Ichiba)

The JFTC has Filed a petition for an Urgent Injunction against Rakuten, Inc.*

Today, the Japan Fair Trade Commission (JFTC) has filed a petition for an urgent injunction to the Tokyo District Court in accordance with the provision of Article 70-4, paragraph 1 of the Antimonopoly Act, seeking an urgent injunction against “Shipping Inclusive Program Measures” proposed by Rakuten, Inc. (“Rakuten”), by which all the merchants of “Rakuten Ichiba” would be prevented from receiving delivery fees from purchasers. The JFTC alleges that Rakuten’s conduct violates the Article 19 (Item 4, Paragraph 5, Article 2 [Abuse of Superior Bargaining Position]) of the Antimonopoly Act.

*Recognizing that Rakuten stated that, in consideration of influences of the new coronavirus infection on merchant staff resources, etc., it allowed the merchants to decide whether to participate in the measures or not, the JFTC withdrew its petition for an urgent injunction on March 10. However, the JFTC continues its investigation on the Rakuten’s measures.

*This is the original title of the press release. The title above has been amended in order to match the e-Competitions format. Individual authors are welcome to provide original independent commentaries on the case law. Articles are subject to approval by the Board of e-Competitions Bulletin before publication based on the Editorial Policy (click here).

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Japanese Competition Authority, The Japanese FTC files then withdraws petition for an urgent injunction against dominant online retail company’s new policy after policy is changed due to COVID-19 (Rakuten Ichiba), 10 March 2020, e-Competitions March 2020, Art. N° 94032

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