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8 Procedural Fairness in Japan: Administrative Fines as a Window

Tadashi Shiraishi

From: Antitrust Procedural Fairness

D. Daniel Sokol, Andrew T. Guzman

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Fair, reasonable, and non-discriminatory terms (FRAND) — Monopoly — Unfair trading conditions — Basic principles of competition law — Enforcement and procedure

In Japan, debates on procedural fairness have been closely connected to administrative fines, which were first introduced to the Antimonopoly Act by the 1977 Amendment. This chapter first examines the 1977, 2005, 2009, and 2013 Amendments. A weak administrative fine system was introduced in 1977, strengthened in 2005 and 2009, and repercussions appeared in 2013. Then, the competition authority regained power in the debates on procedural fairness after the 2013 Amendment. The chapter also mentions the commitment decision procedure from the perspective of administrative fines. It is shown that administrative fines have almost always controlled and directed the debates on procedural fairness. As of August 2017, the results of the current endeavours by the Japan Fair Trade Commission remain to be seen.

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