Competition Law In Japan

Author : Hiroshi Yamada,Ryohei Takai,Kaoru Harada,Katsutoshi Kataoka
Publisher : Kluwer Law International B.V.
Page : 206 pages
File Size : 54,7 Mb
Release : 2020-11-20
Category : Law
ISBN : 9789403529158

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Competition Law in Japan by Hiroshi Yamada,Ryohei Takai,Kaoru Harada,Katsutoshi Kataoka Pdf

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.

Author : Etsuko Kameoka
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 44,9 Mb
Release : 2014-01-31
Category : Law
ISBN : 9781781000564

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Competition Law and Policy in Japan and the EU by Etsuko Kameoka Pdf

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

Author : Kenji Suzuki
Publisher : Routledge
Page : 224 pages
File Size : 41,7 Mb
Release : 2003-09-02
Category : Political Science
ISBN : 9781134520695

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Competition Law Reform in Britain and Japan by Kenji Suzuki Pdf

As market competition replaces state regulation in many economic fields, competition policy has become an area of increasing significance. Against this background, Suzuki highlights the importance of the domestic political structure for competition policy. He does this through the comparative analysis of competition law reforms in Britain and Japan. He argues - controversially - that a country's domestic political structure should be considered a major factor in causing the reform of competition law, and rejects the established view that it is necessarily a result of changes in international economic and political conditions.

Author : Akira Inoue
Publisher : Unknown
Page : 376 pages
File Size : 49,6 Mb
Release : 2007
Category : Antitrust law
ISBN : STANFORD:36105134432579

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Japanese Antitrust Law Manual by Akira Inoue Pdf

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.

Author : Koki Arai
Publisher : Springer
Page : 199 pages
File Size : 42,8 Mb
Release : 2019-06-04
Category : Business & Economics
ISBN : 9789811381881

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Law and Economics in Japanese Competition Policy by Koki Arai Pdf

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.

Author : Christopher Heath
Publisher : Springer
Page : 368 pages
File Size : 42,7 Mb
Release : 2001-05-02
Category : Law
ISBN : STANFORD:36105060993149

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The System of Unfair Competition Prevention in Japan by Christopher Heath Pdf

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.

Author : Shuya Hayashi,Koki Arai
Publisher : Springer Nature
Page : 173 pages
File Size : 52,8 Mb
Release : 2024-01-03
Category : Law
ISBN : 9789819953103

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Digitalization and Competition Policy in Japan by Shuya Hayashi,Koki Arai Pdf

This book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law. Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.

Author : Harald Baum
Publisher : Walter de Gruyter
Page : 424 pages
File Size : 40,7 Mb
Release : 2013-03-01
Category : Law
ISBN : 9783110908886

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Japan by Harald Baum Pdf

Author : Masako Wakui
Publisher : Abramis
Page : 376 pages
File Size : 55,6 Mb
Release : 2008
Category : Business & Economics
ISBN : 1845493370

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Antimonopoly Law by Masako Wakui Pdf

Author : Akira Negishi,Masako Wakui,Naoko Mariyama
Publisher : Springer Nature
Page : 252 pages
File Size : 43,8 Mb
Release : 2022-02-08
Category : Law
ISBN : 9789811678141

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Competition Law and Policy in the Japanese Pharmaceutical Sector by Akira Negishi,Masako Wakui,Naoko Mariyama Pdf

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

Author : Mitsuo Matsushita
Publisher : Oxford University Press on Demand
Page : 352 pages
File Size : 51,9 Mb
Release : 1993
Category : Language Arts & Disciplines
ISBN : 0198254407

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International Trade and Competition Law in Japan by Mitsuo Matsushita Pdf

Modern Japanese Law Series This new series has been established to provide scholars and practitioners with a library of books which deal with contemporary issues in Japanese law, particularly in areas of law which are of importance to the international business community. It will include books on Japanese labour law, the Lawof Civil Procedure, Securities Regulation, and environmental law. Two volumes containing accurate and up-to-date translations of all the major Japanese Codes (Civil and Criminal) are planned for 1994. This book analyses the means by which the Japanese government regulates business activity, principally through the use of competition or anti-monopoly laws. These laws operate both within Japan and, to a lesser extent, beyond. The book also looks at legal aspects of industrial policy as well asthe legal framework of foreign trade and investment in Japan. As such it goes to the very heart of industrial and commercial life in Japan, and will be of interest to all those who are involved in doing business with Japan, as well as to their legal and financial advisers.

Author : Takuya Yamazaki
Publisher : Kluwer Law International B.V.
Page : 178 pages
File Size : 42,9 Mb
Release : 2022-05-20
Category : Law
ISBN : 9789403546520

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Sports Law in Japan by Takuya Yamazaki Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Japan deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self-regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. 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 comparative sports law.

Author : Thomas Weck,Masako Wakui
Publisher : World Scientific
Page : 311 pages
File Size : 50,8 Mb
Release : 2023-12-04
Category : Business & Economics
ISBN : 9789811279270

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Comparative Competition Law by Thomas Weck,Masako Wakui Pdf

This book provides a comparative overview of the rules of EU, US, and Japanese law on com-petition. After an overview of their history and the underlying economic issues, it compares perspectives on cartels and other agreements restraining competition (ancillary agreements, R&D/specialization agreements, distribution agreements); single-firm conduct (abuse of dom-inant market power/monopolization); general procedural law and merger control, and state measures such as regulation and subsidies. In each case, the presentation of the legal system is supplemented by examples from the case law. With a focus on the protection of competition in digital markets, new regulatory approaches (e.g., the EU Digital Markets Act and comparable US regulatory initiatives) are evaluated and current legal developments in other jurisdictions are addressed.

Author : Dimitri Vanoverbeke,Jeroen Maesschalck,David Nelken
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 50,8 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781783475650

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The Changing Role of Law in Japan by Dimitri Vanoverbeke,Jeroen Maesschalck,David Nelken Pdf

How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti

Author : Mitsuo Matsushita,Clifford Jones
Publisher : Kluwer Law International B.V.
Page : 424 pages
File Size : 54,6 Mb
Release : 2002-04-17
Category : Business & Economics
ISBN : 9789041117588

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Competition Policy in the Global Trading System:Perspectives from the Eu, Japan and the USA by Mitsuo Matsushita,Clifford Jones Pdf

Based on a conference of national authorities and leading scholars in antitrust and competition law and policy, the text presents 20 essays which together provide an in-depth assessment of achievements and impasses, as well as a variety of possible ways forward.