Competition Law In Japan Research Articles

Protection of data under unfair competition law in Japan and Korea—a case of asymmetric convergence?

Abstract This article explores the question of overlap in unfair competition law in Japan and Korea and discusses whether the introduction of a general clause could address the problem of overlap. Positive laws regulating unfair competition in Japan and Korea have adopted a similar set of rules based on specific conduct regulation, with some variation. Notably, Korean law now prohibits the unfair use of another’s achievement based on an open clause, complementing the specific list of prohibited conduct. The article first presents an overview of unfair competition law in Japan and Korea, highlighting the requirements for protection and limitations, and then explores the problem of overlapping claims surrounding data misappropriation. Contrasting the legislative techniques used by Japan and Korea, this article notes that an open norm may provide the judiciary with an interpretative tool to dynamically address emerging unfair conduct. However, as there is a danger of limiting free competition and potential internal inconsistencies, to avoid asymmetric convergence, open norms should be carefully coordinated with specific conduct prohibitions, with clear prioritization.

Interaction between Information Law and Competition Law in Japan

Interaction between Information Law and Competition Law in Japan

Labour in Competition Law in Japan

The AMA does not apply to workers’ collective actions protected by labour law. Due to the uncertainty in the definition of workers and coverage of labour law, the extent to which self-employed workers’ collective actions are exempt from the AMA has become unclear. In such a context, it is imperative to recognise that small economic entities’ collective bargaining and other activities that trade unions are engaged in are not always anticompetitive and that an AMA violation is not found unless substantial restriction of competition, or lessening of competition, is caused by the practices. Moreover, the actions of co-operatives are also exempt from the AMA and those who are not protected as workers can strengthen their bargaining position by forming co-operatives. The AMA is primarily enforced by the JFTC and its interest has been rather to protect small businesses from those with superior bargaining positions. For the time being, it is unlikely that the JFTC will start prosecuting the collective actions of self-employed workers which may be protected by the labour law. The paper details the relationship between labour and competition law in Japan focusing worker's collective actions.

Competition Law in Japan

This article gives an overview of competition law in Japan, with a particular focus on recent cases and developments. It touches upon most major aspects of competition law in Japan, including its substantive rules, enforcement mechanisms and historical background. The article also discusses the application of Japanese competition law to cross-border cases and reflects on the role and awareness of competition law in Japan.Two versions of this article are available on SSRN. In this version, we have added the Japanese terms for key concepts such as "surcharges" or "substantial restraint of competition". The Japanese terms are written in both roman transcription and Japanese characters. For readers not interested in the Japanese terms, we recommend the other version, as its text is uninterrupted and therefore easier to read.

Competition Law in Japan

Competition Law in Japan

International Trade and Competition Law in Japan

International Trade and Competition Law in Japan