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The Japan Fair Trade Commission (JFTC) released Friday a report on the Review of the System for Exemption from the Antimonopoly Act for International Ocean Shipping.

Although the system of exemption from the Antimonopoly Act (AMA) for international ocean shipping was originally established based on the Marine Transportation Act, the exemption system was mainly reviewed three times in 1999, 2006, and 2010 after it was first established in 1949. These reviews had concluded that the exemption system would remain in effect mainly on the grounds of (1) the international consistency of the exemption system, and (2) the protection of the interests of shippers.

At the latest review, Japan’s anti-competition watchdog focused its fact-finding survey on whether retaining exemption is still valid in light of the developments which had taken place in the international ocean shipping industry since the previous review.

In conclusion, the JFTC said that it is not necessary to make shipping conferences, discussion agreements, consortia and car carrier agreements exempt from the AMA and thus there seems to be no reason for maintaining the exemption from the AMA for international ocean shipping.

Now that the Marine Transportation Act is administered by the Ministry of Land, Infrastructure, Transport and Tourism (MLIT), the JFTC will work with MLIT to discuss this exemption system, taking into account this report, and thereby ensure that competition in international ocean shipping is not restricted and that the Japanese economy as a whole does not suffer any negative effects.

Summary of the Report is available at http://www.jftc.go.jp/en/pressreleases/yearly-2016/February/160204.files/160204_2.pdf


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