The JFTC’s new evidence disclosure regime: a step forward for companies suspected of anti-competitive conduct?

著者等: 井本吉俊

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出版社: 长岛・大野・常松律师事务所

书籍名或刊登 杂志: NO&T Japan Legal Update 第4号（2016年3月）

语言: 英文

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请注意，本简报的目的是提供信息，并非提供法律建议。另外，本简报仅包括根据发行日(制作日)时点的信息，不包括该时点之后的信息。特别是速报可能会与现状的解释或惯例不同，敬请留意。

I. Introduction
Japan’s competition authority, the Japan Fair Trade Commission (the “JFTC”) is now under pressure to disclose to parties it suspects of anti-competitive behavior more evidence in the JFTC’s pre-decision phase with the introduction of a new regime of evidence disclosure and pre-decision hearing sessions.

Under the old regime, the suspected parties that allegedly have infringed the Anti-Monopoly Law only had a limited opportunity in the JFTC’s pre-decision phase to seek information from the JFTC about the evidence that the JFTC investigators relied on to prepare their draft order(s). This was typically a few months before the order(s) were issued, usually at the time pre-notification of the draft order(s) was made to the suspected parties.

Although there was an opportunity to request the JFTC to reconsider disputed points before the order(s) were issued, the JFTC’s explanation itself did not entail any disclosure of the evidential documents and the explanation was usually not extensive. Therefore, if the suspected parties wanted to review the evidence in detail, they had to resort to filing a complaint with the JFTC’s examination panel (as opposed to a judicial court) after the order(s) were officially issued and then had to wait for the JFTC investigators to present the evidence in response to such complaint.

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