Keywords
2013 Amendment to the Japanese Antimonopoly Act, procedural fairness, abolition of the Hearing Procedure System, exclusive jurisdiction of the Tokyo District Court, inspection and transcription of evidence
Abstract
The 2013 Amendment to the Japanese Antimonopoly Act, promulgated on 13 December 2013, abolished the current Hearing Procedure System for administrative appeals administered by the Japan Fair Trade Commission (JFTC). However, the New Amendment raises a number of problems concerning procedural issues, including the independence of the JFTC, limitations of judicial review, and exclusive jurisdiction of the Tokyo District Court. This paper reviews related discussions regarding these issues and points out additional possible grounds for the criticism of the 2013 Amendment. Following the abolition of the Hearing Procedure System, the 2013 Amendment also sets out new provisions on hearing procedures under the Antimonopoly Act. This paper thus makes a detailed comparison between these newly enacted provisions and the relevant provisions under the Administrative Procedure Act, which is Japan’s main law on administrative procedures. By comparing these provisions, it is examined to what an extent procedural fairness is accomplished under the Antimonopoly Act.
Recommended Citation
HAYASHI, S. (2014). A Study on the Amendment to the Antimonopoly Act of 2013. Procedural Fairness under the Japanese Antimonopoly Act. Yearbook of Antitrust and Regulatory Studies, 7(10), 85-106. Retrieved from https://press.wz.uw.edu.pl/yars/vol7/iss10/4
First Page
85
Last Page
106
Page Count
21
Publisher
University of Warsaw
Publication Date
2014-01-01