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Impact of the 2005 Antimonopoly Act Amendment on Japan's Business Community

This article examines the significant changes brought about by the 2005 amendment to Japan's Antimonopoly Act (AMA) and its implications for the business community. It highlights the historical challenges faced by Japan's antitrust regime, including persistent hard-core cartels and low compliance awareness among corporations. The amendment empowered the Japan Fair Trade Commission (JFTC) with stronger enforcement tools like the Leniency Program and criminal investigation authority, leading to successful crackdowns on bid rigging. The analysis of recent cases underscores the evolving landscape of corporate compliance in Japan.

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Impact of the 2005 Antimonopoly Act Amendment on Japan's Business Community

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  1. Can the New Antimonopoly Act Change the Japanese Business Community? The 2005 Amendment to Antimonopoly Act and Corporate Compliance Kazukiyo Onishi

  2. Introduction: Japanese Antitrust Regime and Business Community • Antimonopoly Act, a comprehensive and advanced antitrust law was introduced and JFTC was set up in 1947: Long history of antitrust enforcement, but this regime did not work well • It was said for a long time: Existence of many hard core cartels, especially bid riggings and Japanese Business Community did not think highly of AMA • The situation is changing after 2005 amendment to AMA • 2005 amendment provides the JFTC with measures to fight cartels: Leniency Program and Criminal Investigation Power • Successful crackdowns on big bid riggings involved by big and famous companies

  3. Recent Important Cases

  4. Recent Criminal Cases from 2002 to 2007

  5. Recent Bid Rigging Casesprosecuted by the Japanese Penal Code

  6. Brief History of Japanese Legislation and Enforcement

  7. Basic Structure of the AMA

  8. Original Penalties in the AMA

  9. History of the Number of JFTC’s Employees

  10. 2005 Amendment to the AMA

  11. Introduction of Surcharges in 1977

  12. Argument over Surcharges in 2005

  13. Surcharge and Criminal Fines for Corporations

  14. Reform of Surcharge in 2005

  15. History of Surcharge Rates(small businesses)

  16. Australia and Japan: Criminal and Administrative Fines Australia: Draft Bill for Corporations Japan： Concurrent Fines for Corporations

  17. Australia and Japan: Level of Penalties Australia: Administrative fine (maximum) Japan: Criminal and Administrative

  18. Penalties against Cartels in Other Countries

  19. The Number of Legal Measures taken by the JFTC

  20. Penalties against Bid rigging

  21. Japanese Leniency Program

  22. Leniency Program and Corporate Compliance

  23. Effective Leniency Program

  24. Conclusion

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