GAL COMPETITION PROJECT
JAPAN
Institutional Performance Norms
Harry First and Tadashi Shiraishi
February 5, 2011
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SIZE OF COMPETITION AUTHORITIES
Source: JFTC, For Fair and Free Market Competition 26 (July 2010).
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OPERATIONAL EFFICIENCY
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High level of activity
Time for adjudicating cases: 2-5 years
Merger reviews
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Unfair trade practices
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informal pre-merger consultations
Abuse of Superior Bargaining Position Task Force
policing unjust low prices
Consultations: 3000 informal (FY 2009)
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EXPERTISE
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FTC Chairman and Commissioners
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Staff
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not required to have competition law experience
Chairman generally former MOF bureaucrat
career employees
almost no trained lawyers or economists
Hearing Examiners
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2 of 6 JFTC employees
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TRANSPARENCY
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Guidelines: high number
Declinations
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Consultations
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high number of formal complaints
low transparency
some merger reviews
Public awareness
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JFTC weekly press conferences
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ACCOUNTABILITY
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Data availability
Diet
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budget
appointments
reporting
legislative controls: amendments to AMA
Courts
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low level of judicial review
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RULE OF LAW
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Importance of Guidelines
Availability of judicial review
But: informal consultations
Political pressures
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FLASHPOINTS
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Transparency
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Expertise
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better articulation of reasons in close cases
trained economists
appointment and role of Commissioners
Use of resources
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extensive guidance function
protecting small business
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