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:
– details of the 1953, 1977, and 2005 amendments with their rationales;
– the special JAA conception of “unfair trade practice”;
– judicial interpretations of key terms in the law;
– interpretation of rules governing resale pricing and sales method restriction;
– merger regulations and guidelines;
– role of the Japanese Fair Trade Commission (JFTC); administrative procedure;
– judicial review;
– awards;
– 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.
