This article focuses on the legislative history of the Japanese Antimonopoly Law and a comparison between the substantive provisions of the Japanese law and its U.S. origins. It begins with a historical overview of the fundamental differences between the economies of Japan and the U.S., as well as Japan through the postwar period and the contrasting contexts in which competition laws were enacted in each country. It offers a brief outline of the historical development of Japanese competition law, from the enactment of the Antimonopoly Law through amendments and defining judicial interpretations. The article then focuses on coverage, sanctions, and interpretation, particularly in the treatment of vertical price-fixing and other vertical restraints. The comparative problem of keiretsu and their treatment under U.S. and Japanese competition law is also addressed. The article concludes with a series of recommendations for reform of Japanese law and practice designed to promote greater international harmonization.
A Comparison of U.S.-Japan Antitrust Law: Looking at the International Harmonization of Competition Law,
4 Pac. Rim L & Pol'y J.
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