Extraterritorial Application of Japan’s Anti-Monopoly Act to ASEAN Countries

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Extraterritorial Application of Japan’s Anti-Monopoly Act to ASEAN Countries

In today's global society, national laws extend the scope of regulation beyond their own territory. This leads to conflicts between national laws and regulations. Competition law is a typical and paradigmatic area in which such extraterritoriality issues arise.

In recent years, there have been a number of extraterritoriality cases in this area of competition law in Japan. One such case, the CRT case, concerned the applicability of Japan's domestic competition law, the Antimonopoly Act, to a global cartel. The JFTC's decisions and the Supreme Court's judgment upholding this application have been criticised by scholars in Japan.

This presentation will provide an overview of the case and its features, and analyse and examine the logic of the Supreme Court's judgment. It will argue that, on the one hand, the scholarly criticism is unconvincing and that there is still room for justification of the Supreme Court's position, but that, on the other hand, the Supreme Court did not fully succeed in justifying its own position. Some possible justifications will be suggested.

SPEAKER

Professor Hisashi Harata

Professor Hisashi Harata
University of Tokyo

Hisashi Harata is a professor at the Faculty of Law, University of Tokyo. He teaches private international law. His main areas of specialisation also include comparative law and legal history. His research focuses on reconstructing a framework of private international law as a part of international law to address contemporary issues involving multinational corporations, accompanied by historical research including the international history of the 1920s. He joined the Harvard IGLP Scholars Workshop as a faculty member from 2017 to 2019. He is also national reporter of the session "Extraterritorial Application of Statutes and Regulations" in the International Academy of Comparative Law General Congress 2022.

He has been a visiting scholar at Università degli studi di Napoli, Cornell Law School and NUS. He is in frequent contact with Columbia Law School, Michigan Law School, Chicago Kent-College of Law and Thammasat University.

CHAIR

Associate Professor Adeline Chong

Associate Professor Adeline Chong
Singapore Management University

Adeline Chong has published in leading peer-reviewed journals such as the Law Quarterly Review, International and Comparative Law Quarterly, Lloyd’s Maritime and Commercial Law Quarterly and the Journal of Private International Law. She is the co-author of Chong and Yip, Singapore Private International Law: Commercial Issues and Practice (OUP, 2023) and Hill and Chong, International Commercial Disputes: Commercial Conflict of Laws in English Courts (Oxford, Hart, 4th edn, 2010). She is the Project Lead of the Asian Business Law Institute’s project on the Recognition and Enforcement of Foreign Judgments in Asia. Her work has been cited by various courts.

DETAILS

Date: 31 August 2023, Thursday

Time: 10am to 11am

Venue: Meeting Room 5-04, Level 5, SMU Yong Pung How School of Law

REGISTRATION

Please click HERE to register.