This course focuses on how to design and implement competition laws, which are established in major developed economies and also emerging in some developing economies. In particular, it examines the structure, development and jurisprudence of the Antimonopoly Act in Japan, comparing with those of antitrust laws in the United States as well as competition laws of the European Union and other countries. It covers substantive issues including prohibitions of cartels, abuse of dominant position, and unfair trade practices as well as regulations of mergers and acquisitions of firms. It also deals with issues concerning enforcement, including administrative orders, civil litigations and criminal sanctions. It will pay particular attention to 1) the role of market mechanism and competition in economic development, and 2) how to design and develop a competition law suited to the level of economic development and characteristics of each economy.
This course aims that participants understand analytical framework of competition law and become able to analyze given concrete cases from the viewpoint of competition law and to apply suitable remedies. It is expected that participants acquire basic knowledge for further research on how to design and implement competition laws in their own countries.
Most of the course will be lectures on analytical framework for comparative competition law and the structure and application of the Antimonopoly Act in Japan. If time permits, participants are required to make presentation on their own countries' competition laws. The tentative schedule is as follows:
1. Oct. 8: Guidance; analytical framework
2. Oct. 15: History of competition laws in the world and Japan
(1) Zaibatsu before the end of the WW2.
(2) Enactment under occupation
(3) 50s: Resistance from industries and MITI
(4) 60s through 70s: Revitalization in inflation
(5) 80s through 90s: External pressure again and the wave of deregulation
3. Oct. 29: Comparison among U.S, EU and Japanese competition laws (Oct.22 cancelled)
(1) Structure of regulations: Three pillars
(2) Fundamental concepts: “Substantial restraint of competition in any particular field of trade” and “tendency to impede fair competition”
(3) Enforcement and remedies
4. Nov. 5: Unfair Trade Practices: Designation, case law and guidelines (1)
(1) Resale Price Restriction
(2) Restriction and artificial means is taken to secure the effectiveness
5. Nov. 12 Unfair Trade Practices: Designation, case law and guidelines (2)
(1) Types of Dealing on Restrictive Terms
(2) Likeliness for price level to be maintained
6. Nov. 19: Unfair Trade Practices: Designation, case law and guidelines (3)
(1) Input Foreclosure: Refusal to Deal and Dealing on Exclusive Terms
(2) “Making it difficult for new entrants or competitors to easily secure alternative inputs of competition”
7. Nov. 26: Unfair trade practices: Designation, case law and guidelines (4)
(1) Case Law on Input Foreclosure
(2) Essential Facilities Doctrine
8. Dec. 3: Private Monopolization (1)
(1) Intel Case
9. Dec. 10: Private Monopolization (2)
10. Dec. 17: Boycott as Private Monopolization
11. Dec. 24 (Make-up): Unreasonable restraint of trade (1)
12. Jan. 7 (Make-up): Unreasonable restraint of trade (2)
13. Jan. 14: Regulation of M&A: Guideline and cases
14. Jan. 21: Enforcement of competition laws
15. Jan.28: (Make-up if necessary)
Mistuo MATSUSHITA, Introduction to Japanese Antimonopoly Law (Yuhikaku, 1990).
Masahiro MURAKAMI, The Japanese Antimonopoly Act (Shoji Homu, 2003).
Masako WAKUI, Antimonopoly Law: Competition Law and Policy in Japan (Abramis, 2008)
Akira INOUE, Antitrust Enforcement in Japan - History, Rhetoric and Law of the Antimonopoly Act - (Daiichi Hoki, 2012)
Other materials to be distributed at the first class and following classes.
Presentation and contribution: 40%, assignment, test or paper: 60%
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