July 8, 2026
Japan Fair Trade Commission
Today, I would like to introduce two issues. Let me start with the first item, “Launch of Business and Consumer Questionnaires as Part of the Follow-up Study on the News Content Distribution Sector.”
Launch of Business and Consumer Questionnaires as Part of the Follow-up Study on the News Content Distribution Sector
Since December 2025, the Japan Fair Trade Commission (JFTC) has been conducting a follow-up study on the news content distribution sector as a new market study in the digital sector.
In this study, the JFTC is once again examining the current situation, including the status of the initiatives set out in the Market Study Report on News Content Distribution published by the JFTC in September 2023, the current competitive environment, and progress in addressing the issues identified in that report. Concerns have also been raised that some providers of search services using generative AI, as well as services known as “AI Overviews,” are using news content without the permission of news media operators to generate responses to users’ search queries. In light of these concerns, this study also examines how these new services affect the competitive environment in the news content distribution sector.
To understand the current competitive environment, progress in addressing the identified issues, and the impact of new services, the JFTC has decided to conduct a questionnaire study of approximately 370 businesses that provide news content. The study asks about the specific circumstances of their transactions with news portal operators and providers of search services using generative AI. Today, the JFTC sent requests for cooperation in the study to these businesses.
The JFTC also launched a questionnaire study of consumers today to gain a broad understanding on consumers’ news browsing behavior. Specifically, the study will examine how consumers use various services through which they can access news content, including news portal sites and generative AI services.
In addition, the JFTC plans to separately request reports from news portal operators and providers of search services using generative AI.
With a view to making effective recommendations to address competition policy issues, the JFTC will continue to conduct the study in cooperation with relevant ministries and agencies, as well as overseas authorities.
Revision of the Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act
Second, I would like to explain the revision of the Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act, which were published today, July 8, and which we refer to as the Distribution and Business Practices Guidelines.
The Guidelines stipulates the JFTC’s views under the Antimonopoly Act on distribution systems and business practices in Japan. They are intended to help prevent violations of the Antimonopoly Act by businesses and trade associations, and to support the proper conduct of their activities.
To borrow a term used in various media reports, this amendment clarifies the JFTC’s views under the Antimonopoly Act on the so-called “designated pricing system,” in which manufacturers instruct distributors on the selling prices of their products.
The proposed amendment was published for public comment on May 13 this year, and we received 19 comments. After carefully considering these comments, we published the final version today, with certain parts revised from the original proposal.
As a basic premise, conduct whereby manufacturers or other businesses specify the prices at which retailers or other businesses purchasing their products are to sell those products and require them to adhere to those prices is referred to as “resale price maintenance”. Such conduct restricts businesses’ freedom to set prices, an important element of competition, and is therefore, in principle, illegal under the Antimonopoly Act.
With respect to resale price maintenance, the Guidelines have clarified the JFTC’s views on circumstances in which such conduct would generally not be illegal, such as in the case of consignment sales. This amendment adds further circumstances that fall within this approach, together with specific examples.
Specifically, for example, when a manufacturer sells its products to retailers, if the manufacturer bears the risks and costs that arise before the products are sold by the retailers to users, and the manufacturer can therefore be regarded, in substance, as directly selling the products to users, such conduct will generally not be illegal. The amendment also provides specific examples to help businesses understand what kinds of risks and costs arising before sales to users need to be borne by the manufacturer. In particular, with respect to the costs that the manufacturer needs to bear, the amendment gives concrete examples of their content, how they should be borne, and other related matters.
In connection with this amendment, we have also added related questions to the “Frequently Asked Questions (Antimonopoly Act)” section available on the JFTC website (Japanese only).
In this amendment, we clarified the circumstances that may constitute exceptions to resale price maintenance, which is, in principle, illegal under the Antimonopoly Act, in cases where manufacturers sell their products to distributors. However, because resale price maintenance is, in principle, a violation of the Antimonopoly Act, if a distributor bears even part of the costs that arise before sales to users, the manufacturer will not be regarded as having borne those costs. Businesses should therefore take sufficient care to ensure that resale price maintenance is not implemented under the name of the “designated pricing system” without the manufacturer bearing these risks and costs.
The JFTC will work to ensure that this amendment is widely understood, and hopes that businesses will make use of it to prevent violations of the Antimonopoly Act and conduct their activities properly. At the same time, as an open and accessible authority, the JFTC will continue to respond proactively to individual consultations concerning specific initiatives that businesses and trade associations intend to implement.
This matter is handled by the Consultation and Guidance Office of the Trade Practices Department.
（Tentative translation）
