Tuesday, April 10, 2012
Posted by D. Daniel Sokol
Simon Vande Walle, (University of Tokyo) has written on Private Enforcement of Antitrust Law in Japan: An Empirical Analysis.
ABSTRACT: This article assesses the role of private antitrust litigation in Japan through an empirical analysis. An attempt was made to collect data concerning all actions for damages and injunctive relief in the post-war era. Based on this data, the article gauges how much private antitrust litigation has contributed to the deterrence of antitrust violations, compared to public enforcement by the Japan Fair Trade Commission. It also evaluates to what extent private antitrust litigation has achieved compensation for those harmed by antitrust violations. The article includes findings on (1) the number of private antitrust actions, (2) the types of antitrust infringements invoked (bid-rigging, cartels other than bid-rigging, monopolization and unfair trade practices), (3) the success rate of antitrust litigation, (4) the magnitude of the damages awards and settlements, (5) the proportion of stand-alone versus follow-on cases, and (6) the kind of plaintiffs that have recovered damages.