AchalOza at 16:06, 12 October 2007

2007-10-12T16:06:21Z

← Older revision		Revision as of 16:06, 12 October 2007
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	'''Score = 17'''		'''Score = 16'''

	''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”)		''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”)

JWSchneider at 21:25, 5 July 2007

2007-07-05T21:25:37Z

← Older revision		Revision as of 21:25, 5 July 2007
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	''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”)		''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”)
	<ref>~~Citation to statute source~~.</ref>		<ref>http://www.jftc.go.jp/e-page/legislation/ama/ama.pdf</ref>

	{\| class="wikitable"		{\| class="wikitable"

JWSchneider: New page: '''Score = 17''' ''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”) ...

2007-07-05T21:25:10Z

New page: '''Score = 17''' ''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”) ...

New page

'''Score = 17'''

''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”)
<ref>Citation to statute source.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 0
|

|- class="categorydivision"
| Remedies
| Fines
| 1
| §89 allows the Commission to impose fines for violations of the FTA.

|-
|
| Prison Sentences
| 1
| §89 allows the Commission to impose imprisonment for violations of the FTA.

|-
|
| Divestitures
| 1
| §7(1) of the FTA allows the Commission to divide up private monopolies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| §45 says that any person can report a violation to the Commission and ask for appropriate measures to be taken.

|-
|
| Remedies Available to 3rd Parties
| 1
| §24 gives injured 3rd parties the right to demand a suspension of the infringements of the FTA and collect damages after the conclusion of the hearing.

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §15(2) requires pre merger notification for all proposed mergers.

|-
|
| Pre-merger
| 2
| §15(2) requires pre merger notification for all proposed mergers.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §9 prohibits any merger that may cause an excessive concentration of economic power.

|-
|
| Restriction of Competition
| 1
| §15(1) prohibits mergers that have the effect of substantially restraining competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 0
|

|-
|
| Abusive Acts
| 1
| §2(9) lists unjustly using one’s position as an unfair trade practice.

|-
|
| Price Setting
| 1
| §2(9) lists price setting as an unfair trade practice.

|-
|
| Discriminatory Pricing
| 1
| §2(9) lists discriminatory pricing as an unfair trade practice.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| §2(6) lists price fixing as an unreasonable restraint of trade.

|-
|
| Tying
| 0
|

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| §2(6) lists output restraint in its definition of unreasonable restraints of trade.

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />

Japan 1947 - Revision history

AchalOza at 16:06, 12 October 2007

JWSchneider at 21:25, 5 July 2007

JWSchneider: New page: '''Score = 17''' ''Governed by:'' Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (hereinafter referred to as “Fair Trade Act”) ...