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

Previously, parties dissatisfied with a JFTC order had to file administrative proceedings before the JFTC. The so-called “trial system” faced much criticism as it placed the JFTC in a position of initial prosecutor, party and judge in the trial, even though the case was heard by administrative judges independent of the investigation division. An administrative appeal against the trial decision cou …

Appeals against decisions of the JFTC

Previously, parties dissatisfied with a JFTC order had to file administrative proceedings before the JFTC. The so-called “trial system” faced much criticism as it placed the JFTC in a position of initial prosecutor, party and judge in the trial, even though the case was heard by administrative judges independent of the investigation division. An administrative appeal against the trial decision could be filed before the Tokyo High Court. 

The appeal had to be filed within thirty days from the date the decision became effective or, in the case of monopolization decisions, within three months of such date. In an appeal, the factual findings of the JFTC were binding on the Tokyo High Court if they were supported by substantial evidence. A request to offer new evidence would be accepted where the JFTC had failed to examine the evidence without proper grounds, or where evidence was truly unavailable and there was no gross negligence in failing to present the evidence earlier. If the Court deemed it necessary to examine new evidence, the case was referred back to the JFTC.

An amendment to the Antimonopoly Act enacted in December 2013 addressed those concerns and abolished the trial system, placing appeals against the JFTC's orders exclusively with the Tokyo District Court. The appeal must be filed within six months of the order's notification. Pursuant to the new rules, the appellate judges are no longer bound by the JFTC's assessment of the facts. The amendment has been applicable since 1 April 2015. Appeals against decisions of the Tokyo District Court may be lodged before the Tokyo High Court.

Global Competition Law

1056. Appeals against decisions of the JFTC

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Les notions juridiques connexes

1056. Appeals against decisions of the JFTC

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