News
The bill to amend the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade known as the Antimonopoly Act has been approved by the House of Councilors and enacted on December 7, 2013. The act is scheduled to be promulgated on December 13, 2013.
The revised legislation was submitted to the National Diet on May 24, 2013 for necessary amendments including abolition of the Japan Fair Trade Commission's hearing procedure for administrative appeals.
The act will be put into force on the day provided by the Cabinet Order no later than one and a half years after the date of the promulgation.
Outlines of the Enacted Act are as follows:
1. To abolish the JFTC's hearing procedure for administrative appeals; as well as to eliminate the provision which stipulates that the jurisdiction of the first instance over any appeal suits pertaining to decisions of the JFTC shall lie in the Tokyo High Court.
2. To introduce a system in which any appeal suits pertaining to cease and desist orders, etc. shall be subject to the exclusive jurisdiction of the Tokyo District Court, and a panel of three or five judges in the Tokyo District Court hears the cases, with a view to ensuring expertise in the court.
3. To ensure procedural fairness, among others, by i）providing a defendant with an explanation on the contents of expected cease and desist order, etc., and ⅱ) allowing them to inspect and photocopy evidence use by the JFTC, during the procedure for hearing prior to issuing the cease and desist order, etc.
