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Japan

Published online by Cambridge University Press:  05 November 2014

By
Matsushita Mitsuo  and
Eriko Watanabe
General editor
Maher M. Dabbah  and
Paul Lasok QC
Matsushita Mitsuo
Affiliation:
Nagashima, Ohno & Tsunematsu, Tokyo, Japan
Eriko Watanabe
Affiliation:
Nagashima, Ohno & Tsunematsu, Tokyo, Japan
Maher M. Dabbah
Affiliation:
Queen Mary University of London
Paul Lasok QC
Affiliation:
Monckton Chambers
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Summary

Relevant legislation and statutory standards

Chapter 4 of the Act Concerning the Prohibition of Private Monopolisation and Maintenance of Fair Trade as amended as of 1 January 2010, commonly called the Antimonopoly Law (the AML), contains provisions for the control of mergers and acquisitions, for example Articles 9 to 18.

Those provisions can be classified into three parts. The first group consists of Articles 9 and 11, which provide for the control of the general concentration of economic power. The second group consists of Articles 10, 13, 14, 15, 15-2, 15-3 and 16, which control the specific concentration of economic power that tends substantially to restrain competition in a particular field of trade as opposed to the general concentration of economic power. Article 17 prohibits evasion of the above articles. Article 17-2 provides for remedies and Article 18 states that the Fair Trade Commission of Japan (the JFTC) may bring proceedings to nullify a merger, company split involving the business combination and joint-stock transfer involving the business combination under certain circumstances.

Type
Chapter
Information
Merger Control Worldwide , pp. 843 - 862
Publisher: Cambridge University Press
Print publication year: 2012

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References

Iyori, Hiroshi and Uesugi, Akinori: The Antimonopoly Laws and Policies of Japan (Federal Legal Publications, Inc., 1994)
Matsushita, Mitsuo: International Trade and Competition Law in Japan (Oxford University Press, 1993)
Watanabe, Eriko, Doing Business in Japan – Competition Law (Matthew Bender, 2009)
Matsushita, Mitsuo, ‘Application of the Japanese Antimonopoly Law to International Transactions’, in Bronckers, Marco and Quick, Reinhard, eds., New Directions in International Economic Law (Kluwer Law International, 2000)

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  • Japan
  • General editor Maher M. Dabbah, Queen Mary University of London, Paul Lasok QC
  • Book: Merger Control Worldwide
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781316134078.036
Available formats
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  • Japan
  • General editor Maher M. Dabbah, Queen Mary University of London, Paul Lasok QC
  • Book: Merger Control Worldwide
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781316134078.036
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Japan
  • General editor Maher M. Dabbah, Queen Mary University of London, Paul Lasok QC
  • Book: Merger Control Worldwide
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781316134078.036
Available formats
×