Chapter

Japan <i>The Competition Law System and the Country’s Norms</i>

Harry First and Tadashi Shiraishi

in The Design of Competition Law Institutions

Published in print December 2012 | ISBN: 9780199670048
Published online January 2013 | e-ISBN: 9780191744341 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199670048.003.0006

Series: Law And Global Governance

Japan The Competition Law System and the Country’s Norms

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This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of Japan's competition law system. Japan's Anti-Monopoly Act (AMA) was originally enacted in 1947 at the prompting of US occupation authorities. The Japan Fair Trade Commission (JFTC), which investigates and enforces potential violations of the Act, was designed to follow the model of the US Federal Trade Commission. At least with regard to civil enforcement, the JFTC structure follows the integrated agency model. The Commission investigates violations of the Act, proposes remedial orders and/or administrative surcharges (a form of administrative fine), holds adversarial hearings in disputed cases, and decides whether there is sufficient evidence to support a finding of a violation and the entry of an order. Under the AMA, the JFTC is statutorily guaranteed independence; its chairman and four commissioners are appointed by the Prime Minister with the approval of both houses of the Diet; and the chairman and commissioners serve for fixed terms.

Keywords: antitrust enforcement; institutional structure institutional design; Anti-Monopoly Act; Japan Fair Trade Commission; Japan; Diet

Chapter.  16688 words. 

Subjects: Competition Law

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