Competition Law and Policy in Japan and the EU

Competition Law and Policy in Japan and the EU

Etsuko Kameoka

This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two jurisdictions, together with the relevant historical backgrounds.

Chapter 2: Historical background

Etsuko Kameoka

Subjects: asian studies, asian law, law - academic, asian law, competition and antitrust law, european law


In Europe, during the last decade of the nineteenth century, a series of ideas concerning the regulation of competition was created. Subsequently, the first European competition legislation was enacted in Germany in 1923. France enacted an Ordonnance in 1945 with fragmentary competition provisions, and the UK Monopolies and Restrictive Practices Act was adopted in 1948, followed by the Treaty of Paris, signed in 1951, and the Treaty of Rome, signed in 1957. By the time the latter Treaty was concluded, Germany was wrapping up eight years of legislative debates, which in the summer of that year culminated in the Act against Restrictions of Competition (GWB). Thus, competition law was not completely new to the Europeans when the Treaty of Rome entered into force in 1958, although effective enforcement in Europe was still a long way off. For the Japanese, the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (ëAMAí) was the first competition law,and Japan had no prior experience whatsoever with competition law. But the AMA has as long a history of enforcement as the Treaty of Rome does, in its various amended forms. The AMA was adopted on 31 March 1947 and it entered into force on 20 July 1947 after vigorous negotiations between the US and Japan. The Japanese drafters often had to appease the Allied Occupation Forces in charge of Japanís post-war democratisation.

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