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

     When the JFTC believes that a criminal violation of the Antimonopoly Act has occurred, it may investigate the case and then file an application with the Public Prosecutor General. A criminal action may not be initiated on the basis of statements from any party other than the JFTC. The District Courts have exclusive jurisdiction for most criminal cases involving a violation of the Antimonopoly …

The courts

    The Japanese Fair Trade Commission is an administrative agency in charge with implementing two Acts: the Antimonopoly Act and the Act against Delays in Payment of Subcontract Proceeds, etc. to Subcontractors. Until 2009, it was also entitled to apply the Act against Unjustifiable Premiums and Misleading Representations - an Act for the protection of consumers - but this mission is now conferred on the Consumer Affairs Agency. The JFTC is an extra-ministerial bureau of the Cabinet Office, administratively attached to the Prime Minister.

  The JFTC is composed of a Chairperson and four Commissioners appointed by the Prime Minister with the consent of both Houses of the Diet, the Japanese Parliament. The appointment or dismissal of the Chairperson is approved by the Emperor. Although the JFTC acts independently, it is required to submit an annual report to the Diet on enforcement activities. The JFTC exercises both quasi-legislative and quasi-judicial powers: it enacts internal regulations and designates unfair trading practices, and may hold hearings before making individual decisions.

  The JFTC has always sought to separate its investigative and trial functions. Thus, individuals who have participated in the investigation of a case are not allowed to be designated as hearing examiners for the case.

The Japanese Fair Trade Commission (JFTC)

     When the JFTC believes that a criminal violation of the Antimonopoly Act has occurred, it may investigate the case and then file an application with the Public Prosecutor General. A criminal action may not be initiated on the basis of statements from any party other than the JFTC. The District Courts have exclusive jurisdiction for most criminal cases involving a violation of the Antimonopoly Act in first instance. The prescription period for such cases is five years, after which no criminal suit may be initiated.

Global Competition Law

1047. The courts

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Les notions juridiques connexes

1047. The courts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise