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Law and Economics in Japanese Competition Policy

  • Book
  • © 2019

Overview

Authors:
  1. Koki Arai

    1. Faculty of Management and Administration, Shumei University, Yachiyo, Japan

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  • Studies Japan’s substantive competition policy by describing the mechanisms used to enforce it

  • Uses economic analysis to evaluate case studies on Japanese anti-monopoly law and its enforcement

  • Explains comprehensively and succinctly the structure of the AMA, recent cases, and economic analysis

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Table of contents (15 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Framework of Japanese Antimonopoly Act

    • Koki Arai
    Pages 1-5

  3. Private Monopolization

    1. Front Matter

      Pages 7-7
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    2. Private Monopolization

      • Koki Arai
      Pages 9-38

    3. Damages Calculations in Private Monopolization

      • Koki Arai
      Pages 39-48

  4. Cartel

    1. Front Matter

      Pages 49-54
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    2. Cartel: Indirect Evidence in Japanese Cartel Control

      • Koki Arai
      Pages 55-71

    3. Construction Industry and Competition Policy

      • Koki Arai
      Pages 73-91

  5. Regulation of Unair Trade Practices and Abuse of Superior Bargaining Position

    1. Front Matter

      Pages 93-93
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    2. Regulation of Distribution and Trade Practices

      • Koki Arai
      Pages 95-99

    3. Exclusive Contracts When Incumbent Can Establish Direct Retailer

      • Koki Arai
      Pages 101-111

    4. Abuse of Superior Bargaining Position

      • Koki Arai
      Pages 113-126
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Keywords

About this book

This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. 

The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. 

This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases. 



Authors and Affiliations

  • Faculty of Management and Administration, Shumei University, Yachiyo, Japan

    Koki Arai

About the author

Dr. Koki Arai is a Professor of Economics at Shumei University. Prior to his current position, he was a Specialist for Economics, General Affairs Division, Economic Affairs Bureau, Japan Fair Trade Commission, Japan; and Deputy Director-General of the Competition Policy Research Center. He was also in charge of the Economic Research Office as a Director; worked on Merger and Acquisition (M&A) issues as a Senior Examiner at the M&A division of JFTC; and on international competition network issues as a Senior Policy Planner at the International Affairs Office. Prior to joining JFTC, he was an Associate Professor of Economics at the Institute of Social and Economic Research of Osaka University. Moreover, he acted as a Second Secretary and a First Secretary, Embassy of Japan in the United States. He received his B.A. from Waseda University and his Ph.D. from Osaka University. 

Bibliographic Information

  • Book Title: Law and Economics in Japanese Competition Policy

  • Authors: Koki Arai

  • DOI: https://doi.org/10.1007/978-981-13-8188-1

  • Publisher: Springer Singapore

  • eBook Packages: Economics and Finance, Economics and Finance (R0)

  • Copyright Information: Springer Nature Singapore Pte Ltd. 2019

  • Hardcover ISBN: 978-981-13-8187-4Published: 14 June 2019

  • Softcover ISBN: 978-981-13-8190-4Published: 14 August 2020

  • eBook ISBN: 978-981-13-8188-1Published: 04 June 2019

  • Edition Number: 1

  • Number of Pages: XIV, 199

  • Number of Illustrations: 3 b/w illustrations, 3 illustrations in colour

  • Topics: Industrial Organization, Economic Policy, Law and Economics, Asian Economics, Commercial Law

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