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Author: Simon Vande Walle
Publisher: Maklu
ISBN: 9046605264
Category : Law
Languages : en
Pages : 358
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Book Description
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
Author: Simon Vande Walle
Publisher: Maklu
ISBN: 9046605264
Category : Law
Languages : en
Pages : 358
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Book Description
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
Author: Etsuko Kameoka
Publisher: Edward Elgar Publishing
ISBN: 1781000565
Category : Law
Languages : en
Pages : 231
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Book Description
This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two j
Author: Koki Arai
Publisher: Springer
ISBN: 9811381887
Category : Business & Economics
Languages : en
Pages : 203
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Book Description
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.
Author: Masako Wakui
Publisher:
ISBN: 9781729188699
Category :
Languages : en
Pages : 330
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Book Description
Chapter 1: Overview, History and Basic ConceptsChapter 2: Private MonopolisationChapter 3: Unreasonable Restraint of TradeChapter 4: Trade Association RegulationChapter 5: Merger RegulationChapter 6: Unfair Trade PracticesChapter 7: ExemptionsChapter 8: Enforcement and Procedure
Author: Edward Montgomery Graham
Publisher: Peterson Institute
ISBN: 9780881321661
Category : Business & Economics
Languages : en
Pages : 620
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Book Description
There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.
Author: Wyatt C. Wells
Publisher: Columbia University Press
ISBN: 023112399X
Category : History
Languages : en
Pages : 289
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Book Description
In the wake of World War II, the United States devoted considerable resources to building a liberal economic order, which Washington believed was necessary to preserving not only prosperity but also peace after the war, and antitrust was a cornerstone of that policy. This fascinating book shows how the United States sought to impose its antitrust policy on other nations, especially in Europe and Japan.
Author: Daniel H. Foote
Publisher: University of Washington Press
ISBN: 0295801352
Category : Social Science
Languages : en
Pages : 704
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Book Description
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
Author: Takaaki Hattori
Publisher: Juris Publishing, Inc.
ISBN: 1578230810
Category : Civil procedure
Languages : en
Pages : 38
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Book Description
The only book of its kind available in English, Civil Procedure in Japan is the most reliable and comprehensive reference on the broad subject of the Japanese civil justice system. Civil Procedure in Japan discusses the problems encountered in litigating a civil controversy in the chronological order in which they are most likely to arise. Since civil procedure, as all law, is a product of historical developments and since it cannot be understood without reference to the political structure within it is to operate, Chapter 1 presents the historical background to date of the development of court procedure. The chapter looks at Japan's political organization (Executive, Legislative, etc), the court structure, and the sources of law. Chapter 2 is devoted to a look at the world of Japanese Legal Profession including legal education and non-Japanese lawyers in Japan, while Chapter 3 is an overview of the Judiciary as a whole. Chapter 4 sets forth the basic concepts involved in the judiciary authority and its interface with other governmental authorities. Subsequent chapters deal with practical issues of civil procedure, starting with Chapter 5 through Chapter 8, the trial is traced from beginning (parties to action and pre-commencement preparation including provisional remedies) through appellate procedures. Chapters 8 and 9 deal with various judicial proceedings outside of typical civil actions. Chapter 11 specifically explains various insolvency proceedings from straight bankruptcy to corporate reorganization. Chapter 12 is devoted to the arbitration law of 2002. Chapter 13 is about various terms of the court costs. Enforcement of civil judgments is treated in detail in Chapter 14. Finally, Chapter 15 is reserved for international cooperation in litigation and sets forth Japan's bilateral arrangements for international co-operation. Furthermore, appendices include an English translation of the Code and Rules of Civil Procedure of 1996 and other important statutes, English translations of sample judgments, glossaries, bibliography, ect.
Author: Dimitri Vanoverbeke
Publisher: Edward Elgar Publishing
ISBN: 178347565X
Category : Law
Languages : en
Pages : 297
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Book Description
How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
Author: Jonathan B. Baker
Publisher: Harvard University Press
ISBN: 0674975782
Category : Law
Languages : en
Pages : 369
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Book Description
A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
