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 13: Conclusion

Etsuko Kameoka

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


Competition law did not grow organically in Japan but was suddenly implanted. The original economic culture was based on cooperation between public administration and private business, and on the protection and promotion of monopoly. This equilibrium had been in place since the time when Japan opened the country to foreigners ñ and thereby to capitalism ñ in the Meiji era. It was not part of Japanese culture to fight against anticompetitive activities through public enforcement. Thus, the success of Japanese competition policy was not guaranteed but was rather risky and challenging.The gradual and subtle ways in which Japanese antitrust policy has been transformed since the introduction of the AMA is unique; it cannot easily be compared to evolutionary trends seen in other jurisdictions. It is sometimes argued that the regulatory culture in Japan is basically bureaucratic, whereas the AMA presupposes a more legalistic style of enforcement. One reason why the enforcement culture of the JFTC appears to be evolving from bureaucratic to legalistic may be the influence of EU law and procedure. Through a series of reforms in recent years, the procedure governing the application of Japanese competition law has gradually become more adversarial and transparent. Formal decisions rather than oral announcements are now being issued.

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