A Case Study of Extraterritorial Application of the Japanese Antimonopoly Act

Abstract

This paper discusses extraterritorial applications of the Japanese Antimonopoly Act through a well debated case over CRT TVs in 2016 in Japan involving multiple companies in several countries. The case is theoretically and practically significant because it was the first case in the world in which the ‘demand' side was united as a group to be considered under similar situations. By doing so, the scope of extraterritorial application of antitrust laws in countries involved is expected to be expanded. In other words, Japanese companies with bases and subsidiaries around the world will be able to file lawsuits in Japan regardless of which country is affected, and seek trials based on Japanese antitrust laws. Finally, we argue that, under the Japanese Antimonopoly Act, the effect doctrine is not yet the basis for officially judging related cases.