Japanese Approaches to Extraterritoriality in Competition Law

Marek Martyniszyn

doi:10.1017/S0020589317000161

Japanese Approaches to Extraterritoriality in Competition Law

Marek Martyniszyn

School of Law

Research output: Contribution to journal › Article

698 Downloads (Pure)

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 language	English
Pages (from-to)	747-762
Journal	International and Comparative Law Quarterly
Volume	66
Issue number	3
Early online date	11 Apr 2017
DOIs	https://doi.org/10.1017/S0020589317000161
Publication status	Published - Jul 2017

Keywords

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

Access to Document

10.1017/S0020589317000161Licence: Unspecified

Japanese Approach to Extraterritoriality in Competition Law
© 2017 British Institute of International and Comparative Law. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher.
Accepted author manuscript, 290 KBLicence: Unspecified

Fingerprint Dive into the research topics of 'Japanese Approaches to Extraterritoriality in Competition Law'. Together they form a unique fingerprint.

Activities

2 Research and Teaching at External Organisation

Hokkaido University

Marek Martyniszyn (Speaker)

Jun 2016

Activity: Visiting an external institution types › Research and Teaching at External Organisation

Kansai University

Marek Martyniszyn (Speaker)

Jun 2016

Activity: Visiting an external institution types › Research and Teaching at External Organisation

Cite this

Martyniszyn, M. (2017). Japanese Approaches to Extraterritoriality in Competition Law. International and Comparative Law Quarterly, 66(3), 747-762. https://doi.org/10.1017/S0020589317000161

@article{788ab3243a1c4635a339fbcd4e9b5fd4,

title = "Japanese Approaches to Extraterritoriality in Competition Law",

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.",

keywords = "competition law, antitrust law, extraterritorial jurisdiction, extraterritoriality, effects doctrine, Anti-Monopoly Act, JFTC, international cartels, Cathode ray tubes",

author = "Marek Martyniszyn",

year = "2017",

month = jul,

doi = "10.1017/S0020589317000161",

language = "English",

volume = "66",

pages = "747--762",

journal = "International and Comparative Law Quarterly",

issn = "0020-5893",

publisher = "Cambridge University Press",

number = "3",

}

TY - JOUR

T1 - Japanese Approaches to Extraterritoriality in Competition Law

AU - Martyniszyn, Marek

PY - 2017/7

Y1 - 2017/7

N2 - 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.

AB - 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.

KW - competition law

KW - antitrust law

KW - extraterritorial jurisdiction

KW - extraterritoriality

KW - effects doctrine

KW - Anti-Monopoly Act

KW - JFTC

KW - international cartels

KW - Cathode ray tubes

U2 - 10.1017/S0020589317000161

DO - 10.1017/S0020589317000161

M3 - Article

VL - 66

SP - 747

EP - 762

JO - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 0020-5893

IS - 3

ER -