What Japan Act on Prohibition of Private Monopolization and Maintenance of Fair Trade 1947 (Antimonopoly Act, Act No. 54) requires
The Act on Prohibition of Private Monopolization and Maintenance of Fair Trade 1947 (Dokusen Kinshi-hō, Act No. 54 of 1947, commonly referred to as the Antimonopoly Act or AMA) is Japan's principal competition law, administered by the Japan Fair Trade Commission (JFTC). Article 3 contains the core prohibition: no entrepreneur shall effect private monopolization or unreasonable restraint of trade. Private monopolization (shiteki dokusen) under Article 2(5) means business activities where an entrepreneur, individually or by combination or conspiracy, excludes or controls the business activities of other entrepreneurs, thereby causing a substantial restraint of competition in any particular field of trade. Unreasonable restraint of trade (futōna torihiki seigen) under Article 2(6) covers concerted conduct among entrepreneurs that substantially restrains competition in a particular field of trade, including price-fixing, volume restriction, market allocation, and bid-rigging. Article 19 prohibits unfair trade practices, which include discriminatory treatment, unreasonable trading conditions, resale price maintenance, and abuse of superior bargaining position. Article 7-2 imposes a mandatory surcharge (kasen-kin) on entrepreneurs who engage in cartel conduct, calculated as a percentage of sales (typically 10% for manufacturers, 3% for retailers) for the duration of the violation. Merger regulation is provided under Article 15 (absorption mergers) and Article 16 (business acquisitions), with the JFTC having authority to issue cease-and-desist orders against mergers that substantially restrain competition. The 2019 amendment strengthened the JFTC's investigation powers and introduced a leniency programme revision with immunity and reduction provisions for cartel applicants.
Pillar: Competition & Antitrust · Authority: Japan Fair Trade Commission (JFTC); Cabinet Office · Version: 1.0.1 · Last updated:
Primary source: https://elaws.e-gov.go.jp/law/322AC0000000054
SHA-256 integrity: 33c3ec55f3fd76cbe57b9e5b35cc059f737715f0bf1394427a0f38ae5a439001
Primary Citations — 7 traced to source
- Act on Prohibition of Private Monopolization and Maintenance of Fair Trade 1947 (Act No. 54) (Japan), Art. 3 - Core prohibition: no entrepreneur shall effect private monopolization or unreasonable restraint of trade
- Act on Prohibition of Private Monopolization and Maintenance of Fair Trade 1947 (Act No. 54) (Japan), Art. 2(5) - Definition of private monopolization: activities by which an entrepreneur individually or through combination excludes or controls the business activities of other entrepreneurs causing substantial restraint of competition
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