Japanese competition law

The Anti- Monopoly Law (Japanese独占 禁止 法dokusen, kinshi hō, actually :私的 独占 の 禁止 及び 公正 取引 の 確保 に関する 法律, shiteki dokusen no kinshi oyobi Kosei torihiki no kakuho ni kan suru hōritsu, German "Law on the prohibition of private monopolies and ensuring, of pure trade " ) is a Japanese law that governs antitrust issues.

It is a legacy of the Allied Occupation of Japan. It was adopted due to the pressure of the Americans in Japan and entered into force in 1947. The zaibatsu, the large Japanese industrial conglomerates, were regarded as a pillar of Japanese imperialism, and the law should serve to break up the large holdings.

At the beginning it was rigorously adhered to and carried out strictly, but this loosened again in two steps, in the years 1949 and 1953. Due to a protest by the public against domestic price cartels, in conjunction with the first oil crisis, the law was tightened again in 1977. The date last change was in 1997 and again led to extensive relaxation of the holding prohibition.

Central regulation by anti-monopoly law

• Prohibition of private monopolization and unfair trade restrictions; see: Cartels
• Control of restrictive business connections
• Prohibition of holding companies, restrictions on share ownership of banks and insurance companies to non - financial companies in the amount of 5 % and 10% respectively; Shareholdings of large non-financial firms may not exceed the value of equity or net assets
• Prohibition of unfair business practices such as price fixing or abuse of dominant market positions

Fair Trade Commission

The Fair Trade Commission (公正 取 引 委员会, Kosei torihiki iinkai ) MITI was responsible for the application of the laws. Organization Legally she was assigned to the Office of the Prime Minister; However, independently controlled in decisions and by the courts. Five members, appointed by the Prime Minister with the consent of both Houses of Parliament, with a five-year term of office; Extension only until retirement age (70 ) is possible. There are currently 520 employees in offices nationwide that support the work of the Commission.