News Letter

Commentary of JFTC decision June 4, 2015 (Toys”R”Us-Japan, Ltd. / Abuse of Superior Bargaining Position)Vol.05


authorKouhei Yabuta , Shinichi Takahara
practice areasAntitrust and Unfair Competition , Corporate
publication date2015.7.31

The Japan Fair Trade Commission (“JFTC”) attempted to clarify the meaning of “Abuse of Superior Bargaining Position” as used in the Antimonopoly Act following such Act’s amendment in 2009 by means of publishing a document titled “Guideline Concerning Abuse of Superior Bargaining Position under the Antimonopoly Act” (“Guideline”). On June 4, 2015, the JFTC for the first time addressed the issue in a case involving Toys”R”Us-Japan, Ltd. While the JFTC’s decision follows the reasoning expressed in the Guideline, several arguments that were not part of the Guideline were also adopted.

In this newsletter, we will provide you with a commentary on this decision and the reasoning used by the JFTC, with an emphasis on relevant points of concern for businesses.

PDF Commentary of JFTC decision June 4, 2015 (Toys”R”Us-Japan, Ltd. / Abuse of Superior Bargaining Position)(0.75MB/8pages)
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