Competition Law and Policy in Japan and the EU
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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.
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Chapter 3: Legal structure and enforcement

Etsuko Kameoka


The official name of the main legislation of the Japanese competition law is the ëAct on Prohibition of Private Monopolization and Maintenance of Fair Tradeí, and its interpretation and enforcement are supported by various rules, including Guidelines and administrative law provisions. But the Japanese competition law is commonly called the Antimonopoly Act (dokusen kinshi ho in Japanese, or its often used abbreviated form dokkin ho). By contrast, the competition laws of major foreign jurisdictions, including the EU, are referred as to Kyoso ho, which literally means ëcompetition lawí ñ except for US antitrust law, which is referred to simply as antitrust. Although the term ëcompetition lawí is becoming more popular in Japan too, it seems unlikely that the familiar expression of ëAntimonopoly Actí could be replaced by ëCompetition Lawí any time soon. In this regard, the existence of the AMA has been already widely acknowledged and rooted in Japanís public space, whereas in the EU, competition law ñ despite its long history ñ is not an area of law commonly known to the general public, at least not in all the Member States. Although the AMA was adopted following the US model, the structure of the AMA provisions does not look similar to that of the relevant US legislation. The original AMA was drafted with the contribution of US specialists who incorporated Western ideas of competition into the Japanese economic system. Although the AMA has been revised several times, its structure has not radically changed since its adoption in 1947.

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