The Fair Trade Commission is established as an administrative body responsible for implementing Japan’s Antimonopoly Act and competition policy. The Commission, although it comes under the General Affairs Ministry, exercises its authority independently. The Fair Trade Commission has the character of a quasi-legislative, quasi-judicial organisation. For example, it can establish the procedure for handling cases and hearing procedures as a quasi-legislative power, and can issue a decision after a hearing as a quasi-judicial power.
The Commission consists of a Chairman and four Commissioners. They are appointed by the Prime Minister for five-year terms with the consent of both Houses of the Diet. Appointees must be aged 35 or over and be experts in law or economics.
The positions of the Chairman and Commissioners are guaranteed.
The General Secretariat is attached to the Commission and is in charge of various Fair Trade Commission matters. Under the General Secretariat are (i) the Secretariat (consisting of the General Affairs Division, the Personnel and Accounts Division and the International Affairs Division), (ii) the Economic Affairs Bureau (consisting of the General Affairs Division, the Coordination Division, the Economic Research Division, the Mergers and Acquisitions Division and the Trade Practices Department) and (iii) the Investigation Bureau (consisting primarily of three Investigation Divisions and three Special Investigation Divisions). In addition, it has five Hearing Examiners who hold hearings as directed by the Fair Trade Commission.
The purpose of the Antimonopoly Act is to promote free and fair competition. The Commission investigates, among other potential offences, suspected violations of the Act such as private monopolisation, undue restraint of trade (cartels) and unfair trade practices. In conducting such investigations, the Commission can avail itself of wide investigative powers, including direct inspection of the firms concerned. If as a result of such an investigation a violation is found, the Commission can order the offender to cease the conduct in question.
In addition to issuing cease-and-desist orders, if an illegal price cartel is found, the Commission can impose surcharges to recover the unlawful gains from the firms involved. If any violation of the Antimonopoly Act is highly material or is repeated by particular firms, the Commission reports the violation to the public prosecutors’ office for criminal charges.
The Fair Trade Association is not a regulatory body, but is established under the auspices of the Commission and is very closely associated with it. The main purposes of the Association are to engage in research and the study of anti-monopoly Acts and competition policies. The Association also provides guidance and/or consultation concerning interpretation and enforcement of Japan’s Antimonopoly Act.
Kunpei Sato
| Yasuchika Negoro Chairman Fair Trade Commission 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 5471 Fax: +81 3 3581 1926 Shogo Itoda Commissioner 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 5471 Fax: +81 3 3581 1944 Tadayoshi Homma Commissioner 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 5471 Fax: +81 3 3581 1944 |
Makoto Kobayashi Commissioner 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 5471 Fax: +81 3 3581 1911 Aiko Shibata Commissioner 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 5471 Fax: +81 3 3581 1911 Akio Yamada Secretary General 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 2662 Fax: +81 3 3581 1963 Takayuki Suzuki Director General Economic Affairs Bureau 1-1-1 Kasumigaseki, Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 4969 Fax: +81 3 3581 1945 Noriyasu Narazaki Director General Trade Practices Department 1-1-1 Kasumigaseki, Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 1795 Fax: +81 3 3581 1948 |
Akinori Uesugi Director General Investigation Bureau 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 3774 Fax: +81 3 3581 1946 Mamoru Izumizawa Director General Special Investigation Department 1-1-1 Kasumigaseki Chiyoda-ku Tokyo 100-8987 Tel: +81 3 3581 4056 Fax: +81 3 3581 1946 Osamu Hashiguchi (Former Chairman of the Fair Trade Commission) Fair Trade Association 1-19-10 Toranomon Minato-ku Tokyo 105-0001 Tel: +81 3 3595 2041 Fax: +81 3 3595 1570 Norio Miyazaki Executive Director Fair Trade Association 1-19-10 Toranomon Minato-ku Tokyo 105-0001 Tel: +81 3 3595 2041 Fax: +81 3 3595 1570 |
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