Japan 2005

Score = 16

Governed by: Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade: Law No. 54 of 1947 (as amended in 2005) (hereinafter referred to as “Fair Trade Act”)

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	0
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.
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
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
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
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
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