<p>Japan’s competition policy is based on its Antimonopoly Act and complementary acts, including the Subcontract Act. The enforcement of competition policy has incorporated economic thinking and the “rule of reason” as well as econometrics. Economists have tended to neglect or criticize unique aspects of Japan’s competition policy, such as its abuse of the superior bargaining position concept and the Subcontract Act. Recently, however, global interest in digital platforms and aggressive merger controls have led to an increased focus on bargaining power. In this study, I explain both Japanese competition law and cases involving the abuse of a superior bargaining position to clarify the economic issues and present a possible framework for analysis of these issues.</p>

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What economists should contribute to Japanese competition policy

  • Reiko Aoki

摘要

Japan’s competition policy is based on its Antimonopoly Act and complementary acts, including the Subcontract Act. The enforcement of competition policy has incorporated economic thinking and the “rule of reason” as well as econometrics. Economists have tended to neglect or criticize unique aspects of Japan’s competition policy, such as its abuse of the superior bargaining position concept and the Subcontract Act. Recently, however, global interest in digital platforms and aggressive merger controls have led to an increased focus on bargaining power. In this study, I explain both Japanese competition law and cases involving the abuse of a superior bargaining position to clarify the economic issues and present a possible framework for analysis of these issues.