Evolving JFTC Cartel Regulation Continues To Target Unreasonable Restraint Of Trade

In summary

This article provides a comprehensive overview of cartel regulation in Japan, including the 2019 amendment to the Anti-Monopoly Act.

Discussion points

• Overview of cartel regulation in Japan – cease-and-desist orders, payment orders for surcharge and criminal sanctions
• Leniency Programme and Reduction System for Cooperation in Investigation
• Practical issues of leniency
• International cooperation
• Private enforcement

Referenced in this article

• Anti-Monopoly Act

Introduction

Cartels are prohibited in Japan as an 'unreasonable restraint of trade', stipulated in article 3 of Act No. 54 of 1947, as amended, otherwise known as the Anti-Monopoly Act (AMA).¹ Although the AMA does not include any particular provisions about extraterritorial applicability, 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