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 11: Private enforcement

Etsuko Kameoka

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


During the first 20 years following the introduction of the AMA in 1947, the number of private lawsuits based on that legislation was small, and no judgment awarding damages was rendered until 1993, although the original AMA that was adopted in 1947 already contained Article 25 AMA, which provides a private damage action. During the SII negotiations, the US urged Japan to facilitate a more active use of private damages actions for AMA infringements, above all those involving exclusionary conduct. The number of private actions for damages then substantially increased in 1996. Since then, at least seven cases each year have been brought, with the figure occasionally exceeding 20 cases. The tendency is for more and more plaintiffs to win in damages actions, or at least to obtain a favourable settlement. In Japan, there are two systems of private damages action for AMA infringements. One is established by Articles 25 and 26 AMA, and the other is based on Article 709 of Japanís Civil Code. Litigation under Articles 25/26 AMA and Article 709 Civil Code can be brought simultaneously by the same plaintiff, if so desired. However, a plaintiff can only initiate an action under Articles 25/26 AMA if the JFTC has taken a final decision finding that the defendantís conduct was in breach of the AMA. Specifically, under Article 25(1) AMA, an injured party may bring such an action before a ëspecial panelí designated to hear AMA cases at the Tokyo High Court.

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