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The government of Japan has decided for the time being not to review the antitrust immunity enjoyed by oceangoing shipping service providers.

The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) and the Japan Fair Trade Commission (JFTC) will discuss the issue again in fiscal 2015, according to an announcement made by the ministry on June 17.

In June 2010, Prime Minister Naoto Kan’s Cabinet agreed to review the antitrust immunity in fiscal 2010. However, as a result of examining the relevant policies incorporated its agreement, the Cabinet has changed its mind to maintain the system and review it again in the future.

The MLIT unveiled two major reasons behind the governmental decision, which were as follows:

(1) There is no decisive factor for Japan to eliminate its antitrust immunity immediately, and(2) There have been adverse impacts since the European Union (EU) took a similar step, which have brought about considerable fluctuations in freight rates for services to and from Europe, (b)rises in surcharges, as individual shipping lines are now authorized to set them at their own discretion and(c)service rationalizations that have led to undersupply.

In consideration of these developments, Tokyo fears that if the antitrust immunity is removed, it would negatively influence shipping lines and shippers of Japan as well as the Japanese economy.


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