The Asia-Pacific Antitrust Review 2014

Japan: Cartels

20 February 2014

Cartel regulation in Japan Cartels are prohibited in Japan as an ‘unreasonable restraint of trade’, stipulated under the second half of article 3 of the Law No. 54 of 1947, as amended (the Anti-Monopoly Act (AMA)). Although the AMA does not include any particular provisions about extraterritorial applicability, it is generally understood that the AMA is applicable to international cartels. The position of the Japan Fair Trade Commission (JFTC) and the generally accepted view in Japan is that, even if alleged violators have no physical presence in Japan, the AMA is interpreted to apply to conduct occurring outside of Japan as long as such conduct results in certain substantial effects on Japanese markets.