Japanese Approaches to Extraterritoriality in Competition Law
66(3) International and Comparative Law Quarterly 747 (2017)
17 Pages Posted: 14 Feb 2018 Last revised: 2 Apr 2019
Date Written: 2017
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
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