Sunday, February 3, 2008
Posted by D. Daniel Sokol
Filling a void in our understanding of Asian antitrust, Koki Arai, Senior Planning Officer, Japan Fair Trade Commission (JFTC), Acting Convener, Competition Policy and Deregulation Group, Asia-Pacific Economic Cooperation, and visiting associate professor, Osaka University discusses The Role of Competition Policy in the APEC: Comparative and Japanese Case Studies.
ABSTRACT: This paper conducts an analytical and comparative study on competition policy in each APEC economy and the experiences from recent developments in Japanese law. This paper aims to:
(i) systematically analyze the competition policy of each member economy of the Asia-Pacific Economic Cooperation (APEC),
(ii) discuss the importance of competition policy in the context of the historical as well as developing economic situation of each economy, and
(iii) provide concrete and realistic solutions based on the Japanese experience.
The paper is organized as follows. Section II considers the present state of competition law in each economy. Sections III and IV provide a comparative study of the competition law of each economy, independently examining each aspects of competition law, such as cartel articles, consumer protection, enforcement, and authority. By examining the guidelines of the recent Japanese competition law developments, Section V investigates the following three aspects of recent developments in Japanese competition law: revision of the Antimonopoly Act (AMA), positive enforcement of the AMA, and transparency and accountability in the implementation of the law. Section VI summarizes the conclusions of the paper.