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History and Development of the Japanese Antimonopoly Act --Substantive Rules of the Japanese Antimonopoly Act --Procedure of the Japanese Antimonopoly Act --Importance of Compliance Program under the Japanese Antimonopoly Act --Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 14 April 1947) --Designation of Unfair Trade Practices June 18, 1982 --Rules on Hearing by the Fair Trade Commission --Rules On Administrative Investigation by the Fair Trade Commission --Rules on Compulsory Investigation of Criminal Cases by the Fair Trade Commission --Rules on Reporting and Submission of Materials Regarding Immunity from or Reduction of Surcharges by the Fair Trade Commission --Guidelines to Application of the Antimonopoly Act Concerning Review of Business Combination.
Book Synopsis Japanese Antitrust Law Manual by : Akira Inoue
Download or read book Japanese Antitrust Law Manual written by Akira Inoue and published by . This book was released on 2007 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: History and Development of the Japanese Antimonopoly Act --Substantive Rules of the Japanese Antimonopoly Act --Procedure of the Japanese Antimonopoly Act --Importance of Compliance Program under the Japanese Antimonopoly Act --Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 14 April 1947) --Designation of Unfair Trade Practices June 18, 1982 --Rules on Hearing by the Fair Trade Commission --Rules On Administrative Investigation by the Fair Trade Commission --Rules on Compulsory Investigation of Criminal Cases by the Fair Trade Commission --Rules on Reporting and Submission of Materials Regarding Immunity from or Reduction of Surcharges by the Fair Trade Commission --Guidelines to Application of the Antimonopoly Act Concerning Review of Business Combination.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Japan covers every aspect of the subject-the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Book Synopsis Competition Law in Japan by : Hiroshi Yamada
Download or read book Competition Law in Japan written by Hiroshi Yamada and published by Kluwer Law International B.V.. This book was released on 2020-11-20 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Japan covers every aspect of the subject-the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.
Book Synopsis Law and Economics in Japanese Competition Policy by : Koki Arai
Download or read book Law and Economics in Japanese Competition Policy written by Koki Arai and published by Springer. This book was released on 2019-06-04 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
Book Synopsis Private Antitrust Litigation in the European Union and Japan by : Simon Vande Walle
Download or read book Private Antitrust Litigation in the European Union and Japan written by Simon Vande Walle and published by Maklu. This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two j
Book Synopsis Competition Law and Policy in Japan and the EU by : Etsuko Kameoka
Download or read book Competition Law and Policy in Japan and the EU written by Etsuko Kameoka and published by Edward Elgar Publishing. This book was released on 2014-01-31 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two j
Before and during World War II, Japan's economy was controlled by power economic concentrations, large family holdings that passed from one generation to another, called zaibatsu. This book is a full assessment of the American postwar attempt to break up these powerful combines. Miss Hadley recounts both General Douglas MacArthur's efforts to implement the American occupation's antitrust policies and the Japanese government's resistance while it appeared to comply with zaibatsu dissolution. As the Cold War developed, American defense thinkers began to emphasize recovery rather than reform, and conservative American businessmen supported the abandonment of antitrust policy in Japan. The second half of the book examines the consequences of the antitrust measures and reaches conclusions which challenge prevailing Japanese and American views. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis Antitrust in Japan by : Eleanor M. Hadley
Download or read book Antitrust in Japan written by Eleanor M. Hadley and published by Princeton University Press. This book was released on 2015-03-08 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before and during World War II, Japan's economy was controlled by power economic concentrations, large family holdings that passed from one generation to another, called zaibatsu. This book is a full assessment of the American postwar attempt to break up these powerful combines. Miss Hadley recounts both General Douglas MacArthur's efforts to implement the American occupation's antitrust policies and the Japanese government's resistance while it appeared to comply with zaibatsu dissolution. As the Cold War developed, American defense thinkers began to emphasize recovery rather than reform, and conservative American businessmen supported the abandonment of antitrust policy in Japan. The second half of the book examines the consequences of the antitrust measures and reaches conclusions which challenge prevailing Japanese and American views. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
Book Synopsis Research Handbook on Asian Competition Law by : Steven Van Uytsel
Download or read book Research Handbook on Asian Competition Law written by Steven Van Uytsel and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.
This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.
Book Synopsis The System of Unfair Competition Prevention in Japan by : Christopher Heath
Download or read book The System of Unfair Competition Prevention in Japan written by Christopher Heath and published by Springer. This book was released on 2001-05-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.
This is the first book published that focuses on competition law and policy in the Japanese pharmaceutical sector. It consists of chapters written and edited by academics who research the industry from various perspectives, including economics, competition law, pharmaceutical regulations, and intellectual property law. Competition policies involving pharmaceutical products attract attention from academics and policymakers worldwide. The pharmaceutical industry is regulated by drug laws that vary from country to country and are affected by differing practices and industrial structures. The book begins by examining drug regulations and trade practices in the industry that are peculiar to Japan and its healthcare system. It then presents the Japanese Antimonopoly Act and cases involving it, and discussions of current competition law issues in the Japanese pharmaceutical industry. The book also discusses innovation and intellectual property and economic analyses of pharmaceutical regulations and drug discovery. The chapters include comparative studies on Japanese regulations vs. those in the European Union and the United States. Japan is one of the biggest pharmaceutical markets in the world. With this in mind, the book provides “one-stop shopping” for anyone interested in pharmaceutical regulations in the country. Covering the basics but extending to in-depth explorations of complex problems, this book appeals not only to students and academics, pharmaceutical companies and regulators, but also to those dealing with real-world policy issues that encompass competition policy, intellectual property, and pharmaceutical regulation. Chapter 11 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com
Book Synopsis Competition Law and Policy in the Japanese Pharmaceutical Sector by : Akira Negishi
Download or read book Competition Law and Policy in the Japanese Pharmaceutical Sector written by Akira Negishi and published by Springer Nature. This book was released on 2022-02-08 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book published that focuses on competition law and policy in the Japanese pharmaceutical sector. It consists of chapters written and edited by academics who research the industry from various perspectives, including economics, competition law, pharmaceutical regulations, and intellectual property law. Competition policies involving pharmaceutical products attract attention from academics and policymakers worldwide. The pharmaceutical industry is regulated by drug laws that vary from country to country and are affected by differing practices and industrial structures. The book begins by examining drug regulations and trade practices in the industry that are peculiar to Japan and its healthcare system. It then presents the Japanese Antimonopoly Act and cases involving it, and discussions of current competition law issues in the Japanese pharmaceutical industry. The book also discusses innovation and intellectual property and economic analyses of pharmaceutical regulations and drug discovery. The chapters include comparative studies on Japanese regulations vs. those in the European Union and the United States. Japan is one of the biggest pharmaceutical markets in the world. With this in mind, the book provides “one-stop shopping” for anyone interested in pharmaceutical regulations in the country. Covering the basics but extending to in-depth explorations of complex problems, this book appeals not only to students and academics, pharmaceutical companies and regulators, but also to those dealing with real-world policy issues that encompass competition policy, intellectual property, and pharmaceutical regulation. Chapter 11 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com
The digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students.
Book Synopsis The Digital Economy and Competition Law in Asia by : Steven Van Uytsel
Download or read book The Digital Economy and Competition Law in Asia written by Steven Van Uytsel and published by Springer Nature. This book was released on 2021-05-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students.
