Japanese Approaches to Extraterritoriality in Competition Law
Jul 25, 2019
Extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Japan was initially hesitant to apply its Anti-Monopoly Act in such a manner. However, the last two decades show a significant shift in its approach. Japan has gradually embraced extraterritoriality and the Japan Fair Trade Commission has actively enforced competition law in a purely offshore context. This article investigates this evolution as well as the most recent and controversial cases in which Japan applied its laws in a distinctive manner unseen to date.
Marek Martyniszyn, 'Japanese Approaches to Extraterritoriality in Competition Law', 66(3) International and Comparative Law Quarterly 747 (2017).