Abstract
Unilateral conducts, which are prohibited under Japanese Anti-Monopoly Act (the AMA), can be categorised in two types: (1) private monopolisation (Articles 3 and 2-5 of the AMA) and (2) unfair trade practices (Articles 9 and 2-9 of the AMA).
The opinion contained in this report is the personal view of the author and nothing to do with the opinion of the firm or other organisations to which the author belongs.
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Notes
- 1.
In addition to the Sub-contract Law, the statutes which regulate specific industry sectors, such as the Telecommunications Business Law, the Electricity Business Law and the Gas Business Law impose obligation to business operators e.g. to allow access to essential facilities. These statutes could be also categorised as one of the special rules to the AMA, but we do not go into detail in this report.
- 2.
Article 2-9-6 delegates the power to the JFTC to issue a list of prohibited conducts as General Designation.
- 3.
JASRAC case, Supreme Court of Japan, 28 April 2015; NTT East case, Supreme Court of Japan, 17 December 2010.
- 4.
Noda Soy Sauce case, Tokyo High Court, 25 December 1957.
- 5.
NTT East case, Supreme Court of Japan, 17 December 2010. Please also note that the Supreme Court of Japan recently defined that “substantial restraint of trade” means that the market loses the competitive function, although it was in a bid-rigging case (Tama Bid-rigging case, Supreme Court of Japan, 20 February 2012).
- 6.
Public prosecutors can bring criminal proceedings to the court subject to the JFTC’s accusation.
- 7.
ECJ, case 85/76 Hoffmann-La Roche &. Co. AG v Commission, ECR 1979 46 (emphasis added).
- 8.
JSARAC case, Supreme Court of Japan, 28 April 2015 (emphasis added).
- 9.
Nevertheless, “abuse” probably has broader meaning than “exclusion” or “control” in nature.
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Itoh, T. (2017). Japan. In: Këllezi, P., Kilpatrick, B., Kobel, P. (eds) Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham. https://doi.org/10.1007/978-3-319-46891-4_7
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