Law and Practice
1. Basic Legal Framework
1.1 Statutory Bases for Challenging Cartel
Behaviour/Effects
In Japan, the Anti-Monopoly Act (AMA) governs cartel behaviour
or effects.
1.2 Public Enforcement Agencies and Scope of
Liabilities, Penalties and Awards
The Japan Fair Trade Commission (JFTC) is the sole competition
agency in charge of the AMA's enforcement. The JFTC is
responsible for conducting investigations into suspected cartel
cases and, if it finds that such activities have taken place, is
authorised to issue cease-and-desist orders and impose
administrative fines through surcharge payment orders.
With regard to criminal enforcement, the Public
Prosecutor′s Office is in charge of prosecution. Even so, the
Public Prosecutor′s Office can only indict parties for
criminal offences after the JFTC submits a criminal accusation to
the office under Article 96 of the AMA. Both companies and
individuals can be subject to criminal liability for
