Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Antimonopoly Act (AMA) applies to entities engaged in business activities within Japan and also has limited indirect extraterritorial application. In this regard, Article 7 authorizes the Japanese Fair Trade Commission (JFTC) - the Competition Authority - to issue cease-and-desist orders against international cartels where the provisions of the agreement constitute an unreasonable restraint of …

Scope

The primary competition law in Japan is the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade, also known as the Antimonopoly Law (AMA), enacted in 14 April 1947 and lastly amended in June 2019. Alongside the Antimonopoly Act there are a number of other laws that have been adopted supplementing its application, for example, the Act Against Unjustifiable Premiums and Misleading Representations 1962 (allowing for swift enforcement of certain provisions of the Antimonopoly Act) or the Subcontract Act, 1956 (concerning payment delays in certain transactions concerning subcontractors).

In addition, on 31 March 2023, the Japan Fair Trade Commission (JFTC) published its “Green Guidelines”  for the realization of a green society. 

Context

The Antimonopoly Act (AMA) applies to entities engaged in business activities within Japan and also has limited indirect extraterritorial application. In this regard, Article 7 authorizes the Japanese Fair Trade Commission (JFTC) - the Competition Authority - to issue cease-and-desist orders against international cartels where the provisions of the agreement constitute an unreasonable restraint of trade or amount to unfair trade practices.

The AMA regulates three primary types of conduct: unreasonable restraints of trade, monopolization (Article 3) and unfair trade practices. Of these three areas, only the regulations prohibiting unfair trade practices have been consistently enforced. However, in recent years there has been an increased enforcement of the rules in place, due in no small part to the bilateral competition agreements Japan has entered into with the European Union and the United States.

The AMA contains a number of provisions without exact equivalent in the competition laws of other countries, for example, Article 8, which regulates the activities of trade associations. The scope of the AMA excludes the activities of cooperatives and associations established by small businesses.

Global Competition Law

1041. Scope

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Les notions juridiques connexes

1041. Scope

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Les notions juridiques connexes

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