Japanese Approaches to Extraterritoriality in Competition Law

Marek Martyniszyn

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Abstract

Extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Japan was initially hesitant to apply its Anti-Monopoly Act in such a manner. However, over the last two decades there has been a significant shift in its approach. Japan has gradually embraced extraterritoriality and the Japan Fair Trade Commission has actively enforced competition law in a purely offshore context. This article investigates this evolution and considered the most recent and controversial cases in which Japan has applied its laws in a distinctive fashion.
Original languageEnglish
Pages (from-to)747-762
JournalInternational and Comparative Law Quarterly
Volume66
Issue number3
Early online date11 Apr 2017
DOIs
Publication statusPublished - Jul 2017

Keywords

  • competition law
  • antitrust law
  • extraterritorial jurisdiction
  • extraterritoriality
  • effects doctrine
  • Anti-Monopoly Act
  • JFTC
  • international cartels
  • Cathode ray tubes

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