Chapter 11: Private enforcement
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.