December 9, 2013
Japan Fair Trade Commission
The bill to amend the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (Antimonopoly Act), which was submitted to the National Diet on May 24th, 2013 for necessary amendments including abolition of the JFTC’s hearing procedure for administrative appeals, was approved by the House of Councilors and enacted on December 7th, 2013. The act is scheduled to be promulgated on December 13th, 2013.
I Deliberation at the National Diet
The 185th Diet Session
The deliberation at the House of Representatives
Nov. 20th, 2013
Explanation of the bill before the Committee on Economy, Trade and Industry
Discussion and vote at the Committee
Vote at the plenary meeting of the House of Representatives
The deliberation at the House of Councilors
Dec. 6th, 2013
Explanation of the bill before the Committee on Economy, Trade and IndustryDiscussion and vote at the Committee
Vote at the plenary meeting of the House of Councilors
II Outlines of the Enacted Act (See Attachments)
1. To abolish the JFTC’s hearing procedure for administrative appeals; as well as to eliminate the provision which stipulates that the jurisdiction of the firstinstance over any appeal suits pertaining to decisions of the JFTC shalllie in the Tokyo High Court.
2. To introduce a system in which any appeal suits pertaining to cease
and desist orders, etc. shall be subject to the exclusive jurisdiction of the Tokyo District Court, and a panel of three or five judges in the Tokyo District Court hears the cases, with a view to ensuring expertise in the court.
3. To ensure procedural fairness, among others, by i）providing a defendant with an explanation on the contents of expected cease and desist order, etc., and ⅱ) allowing them to inspect and photocopy evidence use by the JFTC, during the procedure for hearing prior to issuing the cease and desist order, etc.
III Date to become effective
The act shall be put into force on the day provided by the Cabinet Order no later than one and a half years after the date of the promulgation.
*Every announcement is tentative translation. Please refer to the original text written in Japanese.