Edited by Björn Lundqvist and Michal S. Gal
Chapter 8: Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention
This chapter details the cease-and-desist order of the Japan Fair Trade Commission (JFTC) against DeNA for attempting to exclusively link the most important third-party game developers to its social network service to the detriment of Gree. Even though this conduct is unilateral in nature, the order does not provide a market power analysis. Instead, the JFTC emphasizes that the method used was inappropriate and this on the basis of Article 19 of the Antimonopoly Law (AML) in combination with Section 14 of the General Designation of Unfair Trade Practices. This choice is unusual. Section 14 is barely used. By reconstructing a possible relevant market, the chapter seeks the reason for this exceptional choice in the desire of the JFTC to opt for an early market intervention. It is argued that the market in which DeNA and Gree were operating was still in full development. Market power may have been difficult to establish and, therefore, JFTC would not have been able to intervene on the basis of more conventional sections of the General Designation.
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.