ASCOLA Competition Law series
Edited by Roger Zäch, Andreas Heinemann and Andreas Kellerhals
Chapter 4: The Development of Competition Law for the Last 15 Years in Japan: Progress or Setback?
Iwakazu Takahashi* INTRODUCTION 1 This chapter will analyse the recent changes brought about by the AntiMonopoly Act in Japan (hereinafter referred to as the ‘AMA’). It will highlight the positive and negative aspects of the law. 2 2.1 OUTLINE OF THE JAPANESE ANTI-MONOPOLY ACT History of the Law The AMA was introduced in 1947. It is based on the antitrust legislation of the United States. The numerous revisions to it have given it a distinctive flavour of its own, but the framework of the basic system has remained the same. The AMA’s purpose was ‘the promotion of fair and free competition’ by which it aimed at the promotion of ‘the democratic and wholesome development of the national economy’ as a final goal (Article 1). The AMA, at the same time, had an underlying policy of maintaining the outcomes of the economic democratisation policies of the Allied Powers.1 Those policies dissolved the big financial combines and the excessive concentration of economic power in the late 1940s to the first half of the 1950s in the Japanese economy. Some examples were: the Professor of Law, Faculty of Law, Meiji University, Tokyo, Japan. See for a comparison of the economic democratisation policies in Japan and Germany, Takahashi, Iwakazu (1997), Doitsu Kyousouseigen-kinshihou no Seiritsu to Kouzou (The Establishment and Structure of Antimonopoly Act in Germany) Sanseido, pp. 54–59. 1 * 87 88 The development of competition law provisions prohibiting the establishment of a pure holding company of any size (Article 9), the holding of...
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