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Articles 1 - 11 of 11
Full-Text Articles in Comparative and Foreign Law
The Evolution Of Antimonopoly Proceedings In Japan: Observations Of Third Party Standing To Sue In The Case Involving Jasrac, Yutaka Ishida
The Evolution Of Antimonopoly Proceedings In Japan: Observations Of Third Party Standing To Sue In The Case Involving Jasrac, Yutaka Ishida
Washington International Law Journal
Japan’s Antimonopoly Proceeding has repeatedly changed throughout the 21st century. Originally enacted as the Preliminary Review Procedure, the administrative process evolved into the Complaint Review Procedure from 2005 to 2013, before becoming the Direct Appeal to District Court Procedure in effect now. The proceedings allow the Japan Fair Trade Commission ("JFTC") to regulate the market and shield it from monopolistic behavior. The Japanese Society for Rights of Authors, Composers, and Publishers ("JASRAC") dominates the music copyright management service provider industry in Japan. The company's fee collection methods led the JFTC to issue it a cease and desist order under the …
China's New Anti-Monopoly Law: A Perspective From The United States, Thomas R. Howell, Alan Wm. Wolff, Rachel Howe, Diane Oh
China's New Anti-Monopoly Law: A Perspective From The United States, Thomas R. Howell, Alan Wm. Wolff, Rachel Howe, Diane Oh
Washington International Law Journal
In August 2007, China enacted an Anti-Monopoly Law, becoming one of roughly ninety nations to establish a comprehensive regulatory regime governing competition. Since the advent of China’s economic reform program beginning three decades ago, China has been moving to integrate its economy within the global trading system. This article provides an overview of China’s Anti-Monopoly Law (“AML”) emphasizing key areas of significant apparent divergence from U.S. antitrust policy. The article addresses the evolution of anti-monopoly policy in China and the United States, observing that, where differences exist, China’s AML frequently reflects principles similar to those once embedded in U.S. antitrust …
The Japanese Antimonopoly Act And Nonassertion Of Patents Provisions: Microsoft's Conflict With The Japan Fair Trade Commission, Courtney E. Mertes
The Japanese Antimonopoly Act And Nonassertion Of Patents Provisions: Microsoft's Conflict With The Japan Fair Trade Commission, Courtney E. Mertes
Washington International Law Journal
In recent decades, Japan has strengthened its antimonopoly regulations. Now, a country that historically favored internal collusion continues to develop a stringent antimonopoly regime that encourages competition. The Japan Fair Trade Commission ("JFTC") enforces the Japanese Act Concerning the Prohibition of Private Monopoly and the Maintenance of Fair Trade ("Antimonopoly Act") and its provisions dealing with unfair trade practices. The JFTC takes a strong stance in enforcement of the Act and violators follow its recommendations. The JFTC has charged Microsoft Corporation ("Microsoft") with abuse of a dominant bargaining position and unfair trade practices in its use of restrictive provisions, such …
Antitrust In Japan: The Original Intent, Harry First
Antitrust In Japan: The Original Intent, Harry First
Washington International Law Journal
This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …
Regulations On Bid Rigging In Japan, The United States And Europe, Naoaki Okatani
Regulations On Bid Rigging In Japan, The United States And Europe, Naoaki Okatani
Washington International Law Journal
This article provides a comparative perspective on bid rigging in Japan, the United States and Europe. It emphasizes the differences in both institutional structure as well as policy and business culture in the three jurisdictions, particularly in terms of antitrust and criminal law enforcement. It notes the greater tolerance of bid rigging in Japan in the case of construction contracts for public works.
Kodak And Aftermarket Tying Analysis: Some Comparative Thoughts, William R. Andersen
Kodak And Aftermarket Tying Analysis: Some Comparative Thoughts, William R. Andersen
Washington International Law Journal
This article examines three recent cases—one from the U.S. Supreme Court, one from the European Court of Justice and one from the High Court of Osaka—dealing with the antitrust implications of aftermarket tying arrangements. Tying occurs when the manufacturer of a machine refuses to sell spare parts to independent repair and service companies. The antitrust implications of tying will be of growing importance in the future as manufactured equipment becomes ever more complex and dependent on specialized repair parts and service. After an introductory review of conventional tying doctrine, the paper compares the approaches of the three courts, finding them …
A Comparison Of U.S.-Japan Antitrust Law: Looking At The International Harmonization Of Competition Law, Hiroshi Iyori
A Comparison Of U.S.-Japan Antitrust Law: Looking At The International Harmonization Of Competition Law, Hiroshi Iyori
Washington International Law Journal
This article focuses on the legislative history of the Japanese Antimonopoly Law and a comparison between the substantive provisions of the Japanese law and its U.S. origins. It begins with a historical overview of the fundamental differences between the economies of Japan and the U.S., as well as Japan through the postwar period and the contrasting contexts in which competition laws were enacted in each country. It offers a brief outline of the historical development of Japanese competition law, from the enactment of the Antimonopoly Law through amendments and defining judicial interpretations. The article then focuses on coverage, sanctions, and …
Foreign Firm Access To Japanese Distribution Systems: Trends In Japanese Antitrust Enforcement, Jiro Tamura
Foreign Firm Access To Japanese Distribution Systems: Trends In Japanese Antitrust Enforcement, Jiro Tamura
Washington International Law Journal
The Japanese substantive competition law is, in theory, very well equipped to prevent anticompetitive behavior that restricts competition. In reality, the JFTC has been weak in enforcing the law. The JFTC has been particularly weak in two areas, boycotts and non-price vertical restraints, making market entry difficult for foreign firms. In response to criticisms of weakness, the JFTC released the 1991 Guideline that states that boycotts may constitute an unreasonable restraint of trade and be subject to administrative surcharges and possible criminal sanctions. Despite the strengthening of the law against boycotts, no cases have been brought. Furthermore, the JFTC has …
Competition And Trade Policy: Antitrust Enforcement: Do Differences Matter?, John O. Haley
Competition And Trade Policy: Antitrust Enforcement: Do Differences Matter?, John O. Haley
Washington International Law Journal
This article deals with the question of differences in competition policy enforcement regimes in Japan, Europe and the United States. In answer to the question "Do differences matter?", the author concludes that they matter less than conventional wisdom suggests at least in terms of "fairness" and effectiveness. The article challenges the widely held views that Japan's competition rules are ineffectively enforced and that U.S. antitrust enforcement, especially treble damage actions, have had an unfair impact on foreign firms. The article concludes with recommendations for greater cooperation between trade regulation and antitrust enforcement authority in the United States and among competition …
Antitrust Sanctions And Remedies: A Comparative Study Of German And Japanese Law, John O. Haley
Antitrust Sanctions And Remedies: A Comparative Study Of German And Japanese Law, John O. Haley
Washington Law Review
The legal systems of the Federal Republic and Japan have much in common. The basic institutions and concepts of German civil, criminal, and administrative law provided the principal models for Japan's legal reforms during the late nineteenth and early twentieth centuries. Contemporary legislation and doctrinal changes in the Federal Republic also continue to influence Japanese legal developments. Despite the American origins of Japanese antitrust legislation, which was drafted by Americans and imposed during the Occupation on a less than enthusiastic Japanese government, the influence of German law and practice on Japanese antitrust law, at least since 1953, has been profound. …
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
Washington Law Review
The Antimonopoly Law of Japan became effective in July 1947, less than two decades ago. The act was extravagantly endorsed by the U.S. occupation forces as a charter for the economic future of Japan. It was indeed a significant undertaking, designed to implant democratic practices where none had existed before, and it required basic, almost revolutionary, changes in the economic structure of the nation. Equally important was the circumstance that this law was neither sought nor desired by the Japanese. It was imposed upon a defeated people, a device entirely alien to the history and culture of those who were …