The Asia-Pacific Antitrust Review 2017

Japan: Antitrust Litigation

05 April 2017

Change in procedures to challenge JFTC orders Under the Antimonopoly Act of Japan (AMA), the Japan Fair Trade Commission (JFTC) is empowered to issue cease-and-desist orders against enterprises that are in violation of the AMA. Furthermore, the JFTC is required to issue administrative surcharge payment orders against enterprises that engage in certain types of conduct including (i) ‘private monopolisation’, which is the ‘control’ of other enterprises that relates to or may affect the price, or the ‘exclusion’ of other enterprises; (ii) unreasonable restraint of trade that relates to or may affect price; or (iii) certain types of unfair trade practices provided for under the AMA as those subject to administrative surcharge payments, including resale price maintenance and abuse of superior bargaining position.

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