The Asia-Pacific Antitrust Review 2018

Japan - Cartels

Cartel regulation in Japan Cartels are prohibited in Japan as an ‘unreasonable restraint of trade’, stipulated under the second half of article 3 of Law No. 54 of 1947, as amended, otherwise known as the Anti-Monopoly Act (AMA). Although the AMA does not include any particular provisions about extraterritorial applicability, it is generally understood to be 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 could be applied to conduct occurring outside of Japan as long as such conduct results in certain substantial effects on Japanese markets, and the Supreme Court of Japan confirmed this in 2017.

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