JAPAN Law and Practice Contributed by: Shigeyoshi Ezaki, Vassili Moussis, Yoshiharu Usuki, Takeshi Ishida and Azusa Hongo, Anderson Mori & Tomotsune
7.10 Crisis Cartels There is no public information on a cartel case which has been conducted or affected by post- COVID-19 pandemic inflationary or supply chain issues. No difference in the JFTC’s investigation procedures pre-pandemic and post-pandemic has been seen, other than perhaps a reduction in the number of dawn raids during that period.
of enterprises, depending on the nature of the conduct. The first is acts that are not expected to have any anti-competitive effects. These do not pose problems under the AMA. The second is if a joint activity only causes anti-competitive effects. In principle, these pose problems under the AMA and will not be able to be justified on green purposes alone. These types of conduct include acts that restrain any important means of competition such as prices, acts that restrain entry of new enterprises and acts that exclude any incumbents from markets. The third is a joint activity that has both anti- competitive and pro-competitive effects. Wheth - er the activity poses a problem under the AMA needs to be assessed by comprehensive con - sideration of both effects taking the activity’s purpose and adequacy of the means employed for it (eg, whether there are any less restrictive alternatives) into consideration. The Guidelines highlight specific factors to be considered for each type of joint activity and provide several example cases enterprises can refer to.
197 CHAMBERS.COM
Powered by FlippingBook