One of the most persistent challenges for Japan’s competition policy has been the low number of actual enforcement cases. Compared to the United States, with its litigation-heavy “lawsuit society,” or the European Union, where administrative enforcement is politically embedded, Japan still records remarkably few civil, criminal, or administrative proceedings under the Antimonopoly Act. This scarcity creates an environment in which rules exist on paper but are seldom tested in practice, limiting the credibility of deterrence.

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Future of Competition Policy

  • Koki Arai

摘要

One of the most persistent challenges for Japan’s competition policy has been the low number of actual enforcement cases. Compared to the United States, with its litigation-heavy “lawsuit society,” or the European Union, where administrative enforcement is politically embedded, Japan still records remarkably few civil, criminal, or administrative proceedings under the Antimonopoly Act. This scarcity creates an environment in which rules exist on paper but are seldom tested in practice, limiting the credibility of deterrence.