Welcome to the course Competition Law in Japan! 

This page contains the (1) course summary and (2) course schedule, (3) explains that I expect you to send me a question before each class, and (4) guides you through the reading material and case studies that will help you prepare for class.

Course summary

Competition law has spread across the globe. It is a key piece of legal infrastructure to ensure that markets bring benefits to consumers, not just powerful companies. Japan’s experience with competition law offers a fascinating lens to explore this body of law. Introduced in Japan by the Americans after the Second World War, competition law was initially rejected as something alien. But the law was gradually molded to fit Japan’s economic fabric and ultimately the legal transplant took root. 

No prior knowledge of competition law is required, so students can also take the course as an introduction to competition law. Throughout the course, comparisons will be made with the EU and U.S.

Course schedule

We will have six classes of two hours. This is the schedule:

Class 1:  Introduction, history and economic background

Class 2: The core rules of Japanese competition law and some key concepts

Class 3: The core rules (part 2): private monopolization and unfair trade practices

Class 4: Cartels and bid-rigging

Class 5: Enforcement of competition law

Class 6: Mergers and acquisitions: is Japan unique?

I will use slides in each class, which you can find below.  

Mission before each class: send me a question

Ahead of each class and after reading the materials or reviewing the case study, please e-mail me a question. For instance, you could ask me about something you did not grasp and would like to understand, or a point that you found intriguing.

In the subject line of your e-mail, please write: Global Law Question, so I can easily find your e-mail.

Reading materials and case studies

The text in red refers to the numbering of the pdf files that will be uploaded on Toledo.

General (relevant for all classes):

·      Vande Walle & Shiraishi, Competition Law in Japan (file #1)

This is a book chapter that gives an overview of Japanese competition law. It was written for readers already familiar with competition law, so some parts may be difficult to grasp, but it gives you a good overview. 

·      The relevant statute, the Antimonopoly Act:

o   Bilingual Japanese-English version (easy to navigate)

o   English-only version (one pdf)

For class 1:

·      On the history of Japanese competition law, and whether it succeeded as a “legal transplant” (class 1): Competition and Competition Law in Japan: Between Skepticism and Embrace, in Asian Capitalism and the Regulation of Competition 123-143 (Michael W. Dowdle, John S. Gillespie & Imelda Maher eds., Cambridge University Press, 2013). (file #2)

For classes 2 and 3:

·      Understanding why market definition is important: please watch this short video: https://www.youtube.com/watch?v=zcFAvuWUL1I

·      Case study (laptop vs. PC; soy milk and cow milk): please consider the facts and answer the question (file #3)

·      Case study (the gas station and the surf shop): please consider the facts and answer the question (file #4)

For class 4 (cartels and bid-rigging)

·      The Saitama Saturday Club Case: Political Meddling, Public Opinion and Antitrust Enforcement in Japan at a Turning Point, in Landmark Competition Law Cases - Around the World in Fourteen Stories 183-202 (Barry Rodger ed., Kluwer Law International, 2013) and in Journal of Japanese Law / Zeitschrift für Japanisches Recht 143-164 (Winter 2013).  (file #5)

·      Newspaper article on the bid-rigging for the “linear” (maglev) shinkansen train between Tokyo and Nagoya (file #6)

For class 5 (enforcement)

·      Case study (computer CPUs): please consider the facts and think about how you would advise your colleague (please note the case study was inspired by an existing case, but the facts in my case study are not the same and fictitious) (file #7)

·      “Consensual” Enforcement of Competition Law – The Case of Japan (file #8)

For class 6 (mergers and acquisitions)

·      Presentation: Merger control: is Japan unique? (file #9)

·      Optional reading: Merger Control in Japan: “In Informal Remedies We Trust”

Slides used in class 

Class 1

Classes 2 and 3

Class 4

Class 5

Class 6