Japanese Approaches to Extraterritoriality in Competition Law

66(3) International and Comparative Law Quarterly 747 (2017)

Queen's University Belfast Law Research Paper No. 2019-10

17 Pages Posted: 14 Feb 2018 Last revised: 2 Apr 2019

See all articles by Marek Martyniszyn

Marek Martyniszyn

Queen's University Belfast - School of Law

Date Written: 2017

Abstract

Extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Japan was initially hesitant to apply its Anti-Monopoly Act in such a manner. However, the last two decades show a significant shift in its approach. Japan has gradually embraced extraterritoriality and the Japan Fair Trade Commission has actively enforced competition law in a purely offshore context. This article investigates this evolution as well as the most recent and controversial cases in which Japan applied its laws in a distinctive manner unseen to date.

Keywords: Antitrust Law, Competition Law, Extraterritorial Jurisdiction, Extraterritoriality, Effects Doctrine, Anti-Monopoly Act, Japan

JEL Classification: K21, K41, L40, P16, Q48, L44, L52, K42

Suggested Citation

Martyniszyn, Marek, Japanese Approaches to Extraterritoriality in Competition Law (2017). 66(3) International and Comparative Law Quarterly 747 (2017); Queen's University Belfast Law Research Paper No. 2019-10. Available at SSRN: https://ssrn.com/abstract=3116898

Marek Martyniszyn (Contact Author)

Queen's University Belfast - School of Law ( email )

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