1 Overview of the law and enforcement regime relating to
cartels
The "Act on Prohibition of Private Monopolization and
Maintenance of Fair Trade" (Law No. 54 of 1947), commonly
known as the "Antimonopoly Act" (the "AMA"),
governs cartel enforcement in Japan. The AMA prohibits businesses
from engaging in "unreasonable restraint of trade", which
is defined as business activities by which a business, "in
concert with other enterprises, mutually restrict[ing] or
conduct[ing] their business activities in such a manner as to fix,
maintain or increase prices, or to limit production, technology,
products, facilities or counterparties, thereby causing . . . a
substantial restraint of competition in any particular field of
trade" (AMA art. 2, para. 6). This covers price-fixing cartels
(kakaku karuteru), bid-rigging in public projects
(nyusatsu dango), and bid-rigging in private industry
(juchu chosei). The AMA also prohibits businesses from
engaging in "unfair trade
